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Criteria for judging false · exaggerated advertisements in advertising - Reference to Supreme Court Decision on July 21, 2008 -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(3), pp.239-257
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : August 30, 2019

Hong, Tae-Seok 1

1원광대학교

Candidate

ABSTRACT

The problem of false advertising has continued since before. These problems have always grown in the process of new products being launched, displayed, advertised, and sold. From the standpoint of the seller and advertiser, they will try to sell a lot more by promoting the product even further. In particular, food and health-related functional foods are making more and more false advertisements. It would not be too much to say. On the other hand, while imposing sanctions through various legislation to restrict such false advertising, there is also a limit. It is true that the falsehood or overstatement of advertising is included to some extent, and the Korean court also sees the falsehood or overstatement within acceptable limits of advertising as not against the law. The damage from over-the-top ads, of course, can be inflicted by consumers, but the South Korean court views them only as fraudulent advertisements if "expectations" are recognized. In other words, it can be included in the category of 'fraud guilt' only if the expectation has misled or misled the consumer and acquired property interests from the accused. However, in the process, the Korean court judges that some abstract false advertising does not violate the law. Finally it seems difficult to judge this ‘within the abstract’. However, it is believed that the decision should be made based on the case and the opinions of the expectation for a firm acquisition of property interests are conveyed, and thus the profit has been acquired. Therefore, this paper has its significance in clarifying the criteria for judging falsehood in advertising through precedents, focusing on these points.

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