@article{ART001789415},
author={강한철},
title={Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign},
journal={Journal of Regulation Studies},
issn={1738-7132},
year={2013},
volume={22},
number={1},
pages={131-160}
TY - JOUR
AU - 강한철
TI - Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign
JO - Journal of Regulation Studies
PY - 2013
VL - 22
IS - 1
PB - 한국규제학회
SP - 131
EP - 160
SN - 1738-7132
AB - The Pharmaceutical Affairs Act and the Enforcement Decree on Safety of Drugs, etc. completely prohibit ethical drugs advertising through mass media except for very exceptional cases and in case of violation, impose a criminal punishment as well as an administrative sanction on a breaching pharmaceutical company. Furthermore, such strict prohibition applies not only to commercial advertising referring to a specific drug's brand name but also to a public health campaign sponsored by a pharmaceutical company in order to raise disease awareness among general public or persuade consumers to seek proper medical treatments. However, under the current Korean Constitutional Court's cases, even commercial expressions such as advertisements shall be protected as a fundamental right under the freedom of speech provision in the Constitution and any regulation on the expressions shall be tested by constitutionality scrutiny such as the principle of proportionality. In this context, unlike regulation on the content of advertisement or voluntary prior review system, current blanket prohibition of health campaigns under the Pharmaceutical Affairs Act could be criticized as an excessive regulation deviating from the constitutional principle of minimum damage. Advanced countries such as the United States, Canada and even the European Union have permitted health campaigns among other similar forms of information provision to their medical consumers. To ensure medical consumers' rights to know by providing sufficient information and facilitate the principle of self-governing, it is highly needed to consider more forward-looking measures for solving this excessive regulation issue by, for example, explicitly providing admission of health campaigns in the enforcement decree.
KW - Prohibition of Mass Advertising of Ethical Drugs;Regulation on Advertising;Health Campaign;Disease Awareness Program;Freedom of Commercial Speech
DO -
UR -
ER -
강한철. (2013). Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign. Journal of Regulation Studies, 22(1), 131-160.
강한철. 2013, "Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign", Journal of Regulation Studies, vol.22, no.1 pp.131-160.
강한철 "Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign" Journal of Regulation Studies 22.1 pp.131-160 (2013) : 131.
강한철. Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign. 2013; 22(1), 131-160.
강한철. "Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign" Journal of Regulation Studies 22, no.1 (2013) : 131-160.
강한철. Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign. Journal of Regulation Studies, 22(1), 131-160.
강한철. Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign. Journal of Regulation Studies. 2013; 22(1) 131-160.
강한철. Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign. 2013; 22(1), 131-160.
강한철. "Study on Legitimacy of Regulation on Pharmaceutical Company's Health Campaign" Journal of Regulation Studies 22, no.1 (2013) : 131-160.
