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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Advertisement has profit-making function but get solved information asymmetry between supplier and demander about goods and services to do best useful selection. However, sometimes by the character of demand object advertisement is restricted. Excess advertisement can hurt selection possibility, Representative of this is medical advertising. Medical is as typical field in that “consumer’s ignorance” act, evils of so called medical nemesis occur easily. Korea loosen regulation of medical advertising widely after medical advertising on medical law is unconstitutional by Constitutional Court in 2005. Medical law reformation of Japan effect on this fairly.
In Japan, 1992 when information society begin, through the second revised medical law, medical advertising is deregulated to some degree to cope with information society. In this revision the viewpoint of “To be accepted is to be admitted and the others are banned” is emphasized. In the third revised medical law of 1997 medical advertising is deregulated in view point of promotion of medical information “in sides of patients.” At that time “informed consent” had been emphasized in the same reason. In the 4th revised medical law of 2001 medical advertising is deregulated as following, homepage-address of medical agency, medical treatment methods, the number of operation. In the 5th revised medical law of 2007 in the view point of medical consumer protection medical information and advertising deregulation is tried of suffers to select more profer medical agency. Specially regulation system of objects of medical advertising was changed from list-up to general regualtion, that is most characteristic contents of this revision. In theory study on medical advertising regulation in judicial case and academic world, “medical advertising as commercial expression, if its truth is guaranteed, is secured about the same as the freedom of expression.”has been discussed.
In Japan, 1992 when information society begin, through the second revised medical law, medical advertising is deregulated to some degree to cope with information society. In this revision the viewpoint of “To be accepted is to be admitted and the others are banned” is emphasized. In the third revised medical law of 1997 medical advertising is deregulated in view point of promotion of medical information “in sides of patients.” At that time “informed consent” had been emphasized in the same reason. In the 4th revised medical law of 2001 medical advertising is deregulated as following, homepage-address of medical agency, medical treatment methods, the number of operation. In the 5th revised medical law of 2007 in the view point of medical consumer protection medical information and advertising deregulation is tried of suffers to select more profer medical agency. Specially regulation system of objects of medical advertising was changed from list-up to general regualtion, that is most characteristic contents of this revision. In theory study on medical advertising regulation in judicial case and academic world, “medical advertising as commercial expression, if its truth is guaranteed, is secured about the same as the freedom of expression.”has been discussed.
목차
Ⅰ. 서설
Ⅱ. 일본의 의료광고 규제의 연혁
Ⅲ. 일본 의료법에 따른 의료광고 규제의 취지와 범위
Ⅳ. 일본의 학설과 판례에 나타난 의료광고규제－영리적 표현법리를 중심으로－
Ⅴ. 결어
참고문헌
참고문헌 (13)
참고문헌 신청
1. [학술지(정기간행물)] - 이호용 / 2003 / 의료광고의 규제완화가능성에 대한 법적 검토 / 인권과 정의 317 : 3 ~
2. [보고서] - 조재국 / 2002 / 의료광고규제 개선방안 연구
3. [학술지(정기간행물)] - / 1996 / 厚生官僚にズバリ聞く 第3次醫療法改正による廣告規制緩和の方向 地域全體の醫療施設情報が正しく屆く仕組みを考えたい / プエイズ 3
4. [단행본] - 橋本基弘 / 1999 / 營利的言論の自由, In 憲法の爭點 / 有斐閣
5. [학술지(정기간행물)] - 橋本基弘 / 1999 / 醫療廣告規制と廣告活動の自由 / 日經廣告硏究所報 (187)
2. [보고서] - 조재국 / 2002 / 의료광고규제 개선방안 연구
3. [학술지(정기간행물)] - / 1996 / 厚生官僚にズバリ聞く 第3次醫療法改正による廣告規制緩和の方向 地域全體の醫療施設情報が正しく屆く仕組みを考えたい / プエイズ 3
4. [단행본] - 橋本基弘 / 1999 / 營利的言論の自由, In 憲法の爭點 / 有斐閣
5. [학술지(정기간행물)] - 橋本基弘 / 1999 / 醫療廣告規制と廣告活動の自由 / 日經廣告硏究所報 (187)
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서울행정법원 2009. 6. 5. 선고 2009구합669 판결
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