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A Study on the Regulation of Dental Medical Advertisements -Focusing on the Decisions of the Supreme Court and the Constitutional Court-

J Korean Dent Assoc > Volume 55(1); 2017 > Article
The Journal of The Korean Dental Association 2017;55(1):53-62.
Published online January 31, 2017.
치과 의료광고 규제에 관한 소고 - 대법원 판결과 헌법재판소 결정을 중심으로 -
장연화1, 백경희2
1인하대학교 법학전문대학원
2인하대학교 법학전문대학원
A Study on the Regulation of Dental Medical Advertisements -Focusing on the Decisions of the Supreme Court and the Constitutional Court-
Yeonhwa Chang1, Kyonghee Baek2
1Inha University Law School
2Inha University Law School
Abstract
As the citizens' life and body are the object of medical practice, it should ultimately protect the citizens' right of health. For this reason, medical practice possesses characteristics of non-profit and public and such special characteristics caused heavy regulations in the medical industry as exemplified by medical advertisements. For advancement of market economy, the government has been moving toward relaxing regulations in the medical industry and this trend can be shown in medical advertisements. Moreover, as a type of commercial advertisements, medical practitioners should be able to express their freedom of expression and freedom to occupation. From the perspective of patients who are medical consumers, they need access to information to locate appropriate medical practitioners and institutions for their symptoms. Therefore, medical advertisements can help realize the patients' right to know. This study will first analyze the general theories behind the necessity of medical advertisements and details of regulations, then analyze the issues from the cases of the supreme court and the constitutional court that are related to dental medical advertisements.
Key Words: Medical Practice;Non-Profit;Public;Medical Advertisement;Dental Medical Advertisement;
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