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To the attorney specializing in the Medical Service Act, I have a question about a violation of the Medical Service Act involving exaggerated or false advertising.

A little while ago, after opening an orthopedic clinic, I entrusted some advertising to an outside company for promotional purposes, but it apparently became a problem, and I have come to be investigated for a violation of the Medical Service Act on the ground that some of the promotional content was caught as false advertising and exaggerated advertising. Since I was working frantically, I could not scrutinize the advertising content one by one, so it seems that content that had not been reviewed was also included. Will I be punished for a violation of the Medical Service Act? I am curious about the answer from an attorney specializing in the Medical Service Act.

attorney specializing in the Medical Service Act

violation of the Medical Service Act

Answer

Published: 2025-04-28

Author : Kuk Il KIM

According to Article 57 of the Medical Service Act (Review of Medical Advertisements), where a medical practitioner or the like intends to run a medical advertisement using media such as newspapers, periodicals, banners, or electronic displays, the advertisement must first be reviewed by an organization such as the medical association, the dental association, or the association of oriental medicine doctors as to whether it violates the provisions of Article 56, paragraphs 1 through 3. Among these are advertisements that display false content and advertisements that exaggerate objective facts.

In addition, if you run a medical advertisement that exaggerates objective facts without undergoing review, you are subject, for a violation of the Medical Service Act, to imprisonment for not more than one year or a fine not exceeding 10 million won.

If you are sentenced to an actual custodial sentence of imprisonment without labor or more, or to a suspended sentence, this is a serious matter that can even lead to the revocation of your medical license, so it is important to grasp the issues at an early stage through legal assistance and to devise measures for collecting evidence and responding.

The Medical and Pharmaceutical Group of our firm forms a task force consisting of attorneys who hold pharmacist qualifications and have extensive legal knowledge of and response experience with the Medical Service Act, as well as medical attorneys registered with the Korean Bar Association, and assigns an attorney suited to the client's case to assist with the client's matter.

In addition, we assist in defending the client against punishment by confirming the issue of whether the Medical Service Act was violated, investigating the advertising company, and collecting and submitting evidence such as provisions and recording transcripts on which to assert no suspicion of crime.

If you are facing the risk of punishment for a violation of the Medical Service Act or the like, you may wish to consult a medical attorney who assists clients in areas of practice such as advising on whether an advertisement constitutes false or exaggerated medical advertising.