Hello, this is Attorney Lee Young-kyung from Chungchul Law Firm.

Article 56, Paragraph 2, Item 4 of the Medical Law prohibits 'advertisements that compare with the functions or medical methods of other medical professionals.' We will examine what comparative advertisements are prohibited by the Medical Law and what actual violations have occurred.

[Question]

What are the comparative advertisements prohibited by the Medical Law?

[Answer]

1. Basis of the Law

As mentioned earlier, Article 56, Paragraph 2, Item 4 of the Medical Law is specified in Article 23, Paragraph 1, Item 4 of the Enforcement Decree of the Medical Law, which states that “advertising that the functions or medical methods performed or advertised by a specific medical institution operator, head of a medical institution, or medical professional (hereinafter referred to as 'medical professionals') are superior or effective compared to those of other medical professionals” is regulated.

2. Cases of Violation

Commonly problematic violation cases include advertisements stating that the functions or medical methods of specific medical professionals are superior or effective compared to those of other medical professionals. Phrases like ‘Do not have OO surgery anywhere’ or ‘Many hospitals still prefer extraction correction [...] At OOO, we strive to proceed with non-extraction correction as much as possible, not only treating from the doctor's perspective for patient satisfaction’ are representative problematic cases.

Most cases do not specify a particular medical institution or medical professional; however, even in such cases, it is often contested whether the advertisement can be recognized as a comparison with specific medical methods, even if it is an advertisement comparing with general medical methods.

For example, in phrases such as ‘Success rate 98%. Despite OOO, we can see hospitals that force □□’, if a specific medical institution or medical professional being compared is not specified, it is difficult to uniformly see it as comparative advertising; however, considering that the guidelines for medical advertising prohibit comparative expressions regarding procedures and surgical methods, if there is a perspective that a specific medical method may be perceived as superior from a general consumer's viewpoint, it should be noted that there is a possibility of violation of the Medical Law.

Chungchul Law Firm provides advisory services related to medical law and medical advertising to numerous healthcare companies and clinics based on the expertise and experience gained through domestic large law firms like Kimjang Law Office, Pacific, Gwangjang, Sejong, and Yulchon, as well as in-house lawyers from large corporations.

By working with Chungchul, we will become a reliable partner to accurately understand the essence of the case and communicate the client's position effectively.