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A Study Trends of Korean judicial precedent and Legal Policy Directions about Patient Inducement Using Internet Medical Advertising

BAEK KYOUNGHEE 1

1인하대학교

Accredited

ABSTRACT

In Korea, Article 56 (1) of the 「Medical Act」 provides for medicaladvertising by means of the Internet, and due to the nature of advertising,medical advertising is used as a means of attracting patients. Article 27(3) of the 「Medical Act」 stipulates that no one should engage in patientinducement for profit, except for certain exceptions. Eventually, medicaladvertisements are closely related to patient inducement behaviors, andaccessibility and patient incentives of medical advertisements areincreasing through new media such as the Internet. This phenomenon hasbeen manifested in Japan, and Japan has also revised through the 「MedicalAct」 and the 「Guidelines for Medical Advertisements」 of Ministry ofHealth Labor and Welfare. In the past, the emphasis was placed on the non-profitability of medicalcare due to the nature of the medical practice and the public insurancesystem, and the excessive pursuit of profitability through medicaladvertisements was considered to be patient inducement. However, inrecent years, the Supreme Court and the Constitutional Court have judged the issue of patient inducement using internet medical advertisements. This paper examines Korean legal regulations and the Supreme Court andthe Constitutional Court, focusing on cases of patient inducement throughinternet medical advertising.

Citation status

* References for papers published after 2022 are currently being built.