건강기능식품의 표시·광고의 사전심의제와 관련한 문제점

Abstract

If private discipline replace the strict administrative regulation, fundamental rights of protective essence can be relativized while if may be beneficial for the individual freedom. Assigning the state power to the private organization is equivalent to giving up the practice of individual liberty to the organized authority. It is important to make use of public law mechanism, particularly under the imperfect juristic system. Regarding the prohibition of prior censorship, it is necessary to consider whether it is desirable to prioritize the freedom of speech over the rest of the legal benefit. Apart from this necessity, new advertisement screening mechanism was irreversibly – and controversially - introduced for the health functional food since the unconstitutional verdict of the prior screening of advertisements. With this, the state must secure the broad order through legal regulations and norms in order to freedom of speech and other legal benefit can be harmoniously and practically guaranteed.