의료광고에 대한 법적 규율

Abstract

Medical Advertisement is one of the important methods to get medical information and to help appropriate and free decision of patient. Also, it is a kind of activity of medical professionals to perform their jobs. However, medical practice has some different characteristics from other goods; very specialized activity, imbalance of information between medical professionals and patients, etc. Because of these characteristics, medical advertisement should be regulated. Historically, the method of regulation of medical advertisement had been done through positive model, that means ban of medical advertisement in principle and exceptional allow of medical advertisement. According to the basis of justification of medical practice changes, paternalism to autonomy, the method of regulation of medical advertisement has moved to negative model, allow in principle and exceptional ban. Even though the change of regulation model, there have been hot debates surrounding medical advertisement, because of the limits of allowance and criminal punishment. In this article, I discussed the current Acts and cases which are relevant to medical advertisement and proposed some standards and framework of regulation of medical advertisement.