Hello, this is Attorney Lee Young-kyung from Cheongchul Law Firm.
Article 56, Paragraph 2, Subparagraph 5 of the Medical Service Act prohibits 'advertisements defaming other medical personnel.' Let us take a look at what comparative advertising prohibited by the Medical Service Act entails and what actual violations might occur.
[Question]
What is the defamation advertisement prohibited by the Medical Service Act?
[Answer]
1. Legal Basis
As previously mentioned, Article 56, Paragraph 2, Subparagraph 5 of the Medical Service Act is specified, and Article 23, Paragraph 1, Subparagraph 5 of the Enforcement Decree of the Medical Service Act states that it is “advertising unfavorable facts regarding the functions or treatment methods performed or advertised by the relevant medical personnel for the purpose of defaming other medical personnel.”
2. Violation Cases
Common examples of violations as introduced in the Ministry of Health and Welfare's 'Healthy Medical Advertising, Let’s Create It Together! 2nd Edition of Medical Advertising Examples and Checklist' are as follows.
<Healthy Medical Advertising, Let’s Create It Together! 2nd Edition of Medical Advertising Examples and Checklist Page 73>
An example of content structured in the form of a text message on a medical institution's website
Everything is possible at OOO! Q. I've been told that my jawbone is weak and lacking, so I have to wait 8 months to get an implant. Also, it seems there is no prosthesis lab in the hospital, and it takes over 2 weeks to make the prosthetics. Q. I've been advised that overall implants and bone grafts are difficult and technical, so I should go to Seoul. Q. I have high blood pressure and diabetes. Is it really possible to get a one-day implant at OOO Dental Clinic? A. Everything is possible^^ Usually, dental clinics say that if the jawbone is insufficient, you can't get a one-day implant. However, OOO Dental Clinic is different.
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Similar to comparative advertising, even if specific medical personnel are not pointed out, if it is recognized that the content of the advertisement defames without objective basis regarding the absence of a prosthesis lab in the hospital, regional medical personnel, or the insufficiency of jawbone, the authorities may have the perception that they can impose sanctions.
Cheongchul Law Firm provides consultations related to the Medical Service Act and medical advertising to many healthcare companies and medical institutions based on expertise and experience accumulated through large law firms in Korea such as Kim & Chang, Bae, Kim & Lee, Shin & Kim, and Yulchon.
By working with Cheongchul, we will be a strong supporter in accurately understanding the essence of the case and effectively conveying the client's position.
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