Case Assisted by a Medical Service Act Attorney | Medical Service Act Violation in Dental Advertising, Suspension of Indictment

The client, who was about to open a dental clinic, entrusted a promotional video to a marketing agency.

With a limited understanding of the regulations on medical advertising, the client approved the advertisement produced by the agency without knowing that the advertising review procedure had been omitted.

The matter then began when the subsequently posted ‘implant event’ video was reported on suspicion of violating Article 56 (restrictions on medical advertising) and Article 27 (prohibition of patient solicitation) of the Medical Service Act.

The client therefore retained an attorney with extensive experience responding to violations of the Medical Service Act and prepared a defense.

Article 56 (2) 13 of the Medical Service Act strictly prohibits advertising that discounts or waives non-covered medical expenses.

The advertisement in this case also contained discount content, which became a problem.

In addition, Article 27 of the Medical Service Act prohibits the solicitation of patients through the provision of economic benefits or the reduction of costs.

Accordingly, whether the ‘implant discount event’ advertisement posted by the client could be construed as patient solicitation was another issue.

Under Article 57 of the Medical Service Act, an advertisement through an online or video medium must undergo prior review.

However, the agency that had taken charge of producing the client's advertisement did not undergo the review and posted the video, so an issue of unlawful advertising arose.

Relying on Supreme Court precedents and the definition under Article 27 of the Medical Service Act, the medical attorney emphasized that advertising that merely provides information does not constitute the ‘introduction, arrangement, or inducement’ of patients.

Supreme Court Decision of October 25, 2012, 2010Do6527, Holding

The attorney also highlighted that the advertising was for the purpose of providing medical information rather than being deceptive or inducing in nature.

The content of the advertisement posted by the client concerned an ‘implant procedure,’ which is a non-covered item for which a medical practitioner may set the price at their own discretion.

Accordingly, the attorney established that the content of the advertisement was not false or exaggerated but rather a reasonable presentation of cost, and argued that it did not constitute an unlawful advertisement.

Immediately after taking over the hospital, the client simply trusted the marketing company that the previous director had dealt with and commissioned the advertising, and was unaware that the review procedure had been omitted.

Accordingly, the attorney emphasized that this was not an intentional violation but mere negligence.

A medical advertisement can become unlawful even through a single small phrase or a missing procedure.

Accordingly, from the advertising-planning stage, it is necessary to thoroughly review matters such as whether review is required, the lawfulness of the wording, and the possibility of inducing patients.

Daeryun LLC has numerous medical attorneys with extensive experience in cases involving violations of the Medical Service Act.

As a result, drawing on expertise across the medical, pharmaceutical, and related fields, it can provide comprehensive legal support in legal advisory and in civil, criminal, and administrative cases.

If you need to respond to a medical advertising dispute or to obtain a preliminary review, 🔗Legal Consultation Bookingplease entrust your case through the foregoing.