CONTENTS
- 1. Bucheon Medical Attorney: The Client's Case Details
- 2. Bucheon Medical Attorney: The Client's Charge
- - Illegal Medical Advertising
- 3. Bucheon Medical Attorney: The Assistance in the Client's Case
- 4. Bucheon Medical Attorney: The Result of the Assistance in the Client's Case
1. Bucheon Medical Attorney: The Client's Case Details
This is the situation of a client who sought consultation with the Bucheon medical attorney.
The client, a doctor running a private clinic, explained that he faced the risk of punishment in this case for running illegal medical advertising.
The client sought assistance in defending against punishment, explaining that a heavy penalty could result in the revocation of his medical license.
The details of the client's case were as follows.
Because few patients had been coming recently, the client, out of concern, decided to run medical advertising.
On the recommendation of an acquaintance, the client came to know of a marketing company specializing in advertising, and entered into a comprehensive online advertising and marketing service contract with that company.
Through this contract, the client entrusted the entirety of the clinic's marketing to the company, which had never run medical advertising before.
Because the company advertised the client's clinic as it would ordinary advertising, it ended up violating the advertising-related provisions of the Medical Service Act.
The public health center then reported the client on suspicion of illegal medical advertising, placing him at risk of punishment in this case.
The client had completed the police investigation on the charge and been referred to the prosecution, with the prosecutorial investigation stage ahead.
According to the client, during the police investigation the police pressed him, suggesting that he had been aware of the illegal advertising content with conditional intent.
2. Bucheon Medical Attorney: The Client's Charge
The Bucheon medical attorney's client explained that he was suspected of a 🔗Violation of the Medical Service Act through illegal medical advertising.
Under the Medical Service Act, a person who runs illegal medical advertising may be punished by imprisonment for not more than 1 year or by a fine not exceeding 10 million won.
Illegal Medical Advertising
The Medical Service Act treats medical advertising falling under any of the following as illegal advertising and prohibits it.
2. Advertising with content that may mislead consumers about treatment effects, such as patients' treatment testimonials
3. Advertising that presents false content
4. Advertising that compares the functions or treatment methods of other medical personnel and the like
5. Advertising that disparages other medical personnel and the like
6. Advertising that exposes direct surgical procedures, such as scenes of surgery
7. Advertising that omits important information, such as serious side effects, in relation to the functions or treatment methods of medical personnel and the like
8. Advertising with content that exaggerates objective facts
9. Advertising that purports to hold qualifications or titles without a legal basis
10. Advertising expressed in the form of articles or expert opinions through newspapers, broadcasting, magazines, and the like
11. Advertising that has not been reviewed, or that differs from the reviewed content
12. Domestic advertising to attract foreign patients
13. Advertising with content that discounts or waives non-covered treatment costs by methods that may deceive consumers or cause them to be misinformed
14. Advertising that uses various awards, letters of appreciation, and the like, or that uses or similarly expresses content claiming to have received certification, endorsement, or recommendation
15. Other advertising whose method or content is prescribed by Presidential Decree as likely to harm public health, the order of sound medical competition, or to cause harm to consumers
In the Bucheon medical attorney's case, the marketing company ran advertising with content that exaggerated objective facts, which placed the client at risk of punishment.
3. Bucheon Medical Attorney: The Assistance in the Client's Case
To defend against the client's criminal punishment, the Bucheon medical attorney assisted in the case by emphasizing the following.
The client deleted all advertising as soon as he learned that the advertising content constituted a violation of the Medical Service Act
The client showed remorse for having run the medical advertising without carefully reviewing the Medical Service Act
Emphasizing the above, the Bucheon medical attorney requested that the case be concluded with a disposition of no suspicion of crime for the client.
4. Bucheon Medical Attorney: The Result of the Assistance in the Client's Case
As a result of the Bucheon medical attorney's assistance in the case, the client was able to obtain a non-indictment decision at the prosecution stage.
As with the client in this case, there are many instances where people face the risk of punishment for a violation of the Medical Service Act due to a lack of knowledge of the medical advertising regulations.
It is important to respond to criminal punishment by proving that there was no intent to violate the Medical Service Act.
Because proving this on one's own can be difficult, we recommend obtaining a 🔗Attorney Recommendation and seeking assistance.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
