| (1) | No person who is not the founder of a medical institution, the head of a medical institution, or medical personnel (hereinafter referred to as "medical personnel, etc.") shall run an advertisement for medical services (referring to acts of indicating information on medical services, medical institutions and medical personnel, etc. or giving such information to consumers by means of newspapers, magazines, voices, sound, images, the Internet, printed materials, signboards and others methods; hereinafter referred to as "medical advertisement"). <Amended on Mar. 27, 2018> |
| (2) | No medical personnel, etc. shall run any of the following advertisements of medical services: <Amended on Jan. 30, 2009; May 29, 2016; Mar. 27, 2018> |
| 1. | Advertisement of new medical technology without undergoing the evaluation prescribed in Article 53; |
| 2. | Advertisement including contents that are likely to mislead consumers about the effect of medical treatment, such as a story of one's experience in treating patients; |
| 3. | Advertisement indicating a false fact; |
| 4. | Advertisement with any content that compares with a function or treatment method of any other medical personnel, etc.; |
| 5. | Advertisement with any content that defames any other medical personnel, etc.; |
| 6. | Advertisement with any content that directly exposes medical treatment, such as the scene of operation; |
| 7. | Advertisement in which any important information, such as serious side effects in relation to the functions of medical personnel, etc. or the treatment methods, is omitted; |
| 8. | Advertisement that exaggerates an objective fact; |
| 9. | Advertisement that expresses a legally groundless qualification or name; |
| 10. | Advertisement that shows its contents in the form of a news article or expert opinion using a newspaper, broadcasting medium, magazine, or any other medium; |
| 11. | Advertisement with contents not examined in accordance with Article 57 or different from the contents examined; |
| 12. | Domestic advertisements for attracting foreign patients prescribed in Article 27 (3); |
| 13. | Advertisement with any content that causes consumers to obtain reduction of or exemption from non-covered medical expenses referred to in Article 45 in the manner that is likely to deceive consumers or give them wrong information; |
| 14. | Advertisement using various certificates of merit, letters of appreciation, etc. or advertisement using the fact of obtaining certification, guarantee or recommendation or expressing anything similar thereto; provided, the following cases shall be excluded: |
| (a) | Advertisement indicating the accreditation of medical institution prescribed in Article 58; |
| (b) | Advertisement indicating certification or guarantee obtained from central administrative agencies, and special local administrative agencies and affiliated bodies prescribed in Articles 2 through 4 of the Government Organization Act, local governments prescribed in Article 2 of the Local Autonomy Act, or public institutions prescribed in Article 4 of the Act on the Management of Public Institutions; |
| (c) | Advertisement indicating certification or guarantee obtained by other statutes or regulations; |
| (d) | Advertisement prescribed by Presidential Decree, such as an advertisement indicating certification obtained from an international evaluation organization that has signed for cooperation with the World Health Organization; |
| 15. | Other advertisements of medical services prescribed by Presidential Decree, the methods or contents of which are likely to impair the public health and the sound order of medical services competition or to cause damage to consumers. |
| (3) | No medical advertisement shall be run in any of the following methods: <Amended on Mar. 27, 2018> |
| 1. | Broadcasting prescribed in subparagraph 1 of Article 2 of the Broadcasting Act; |
| 2. | Other methods prescribed by Presidential Decree, when necessary to impose a restriction in order to protect the public health and maintain the sound order of medical services competition. |
| (4) | Matters necessary for medical advertisements, including the details of medical advertisements prohibited pursuant to paragraph (2), shall be prescribed by Presidential Decree. <Amended on Mar. 27, 2018> |
| (5) | Where the Minister of Health and Welfare or the head of a Si/Gun/Gu intends to take measures prescribed in Articles 63, 64 or 67 for medical personnel, etc. who have violated paragraph (2) 2 through 5 and 7 through 9, he or she shall notify the Fair Trade Commission of the details thereof without delay. <Added on May 29, 2016; Mar. 27, 2018> |
[This Article, which is found unconstitutional by the Constitutional Court on December 23, 2015, is amended by Act No. 15540 on March 27, 2018.]