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금지되는 기사성 의료광고의 한계

원문정보

A Limit of the Prohibition of Article Type Medical Advertisement

유현정

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초록

영어

Korea’s medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists’ opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

목차

I. 들어가며
 II. 기사성 의료광고의 개념 및 규율
  1. 개념
  2. 기사성 의료광고에 대한 규율
 III. 기사성 의료광고의 문제점
  1. 기사성 의료광고의 배경 및 문제점
  2. 실제 이루어진 기사성 의료광고 사례 및 폐해
 IV. 기사성 의료광고에 대한 엄격한 규율의 필요성
  1. 문제의 제기
  2. 헌재 2003헌가3 결정의 타당성
  3. 언론의 자유 및 직업의 자유의 한계
  4. 소결론
 V. 금지되는 기사성 의료광고의 한계
  1. 기사성 의료광고에 관한 현행법 규정
  2. 금지되는 기사성 의료광고의 한계
 VI. 결론
 참고문헌
 ABSTRACT

저자정보

  • 유현정 Yoo, Hyun Jung. 유현정 법률사무소

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