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KMID : 0362720170550010053
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Journal of the Korean Dental Association
2017 Volume.55 No. 1 p.53 ~ p.62
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A Study on the Regulation of Dental Medical Advertisements -Focusing on the Decisions of the Supreme Court and the Constitutional Court-
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Chang Yeon-Hwa
Baek Kyung-Hee
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Abstract
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As the citizens' life and body are the object of medical practice, it should ultimately protect the citizens' right of health. For this reason, medical practice possesses characteristics of non-profit and public and such special characteristics caused heavy regulations in the medical industry as exemplified by medical advertisements. For advancement of market economy, the government has been moving toward relaxing regulations in the medical industry and this trend can be shown in medical advertisements. Moreover, as a type of commercial advertisements, medical practitioners should be able to express their freedom of expression and freedom to occupation. From the perspective of patients who are medical consumers, they need access to information to locate appropriate medical practitioners and institutions for their symptoms. Therefore, medical advertisements can help realize the patients' right to know. This study will first analyze the general theories behind the necessity of medical advertisements and details of regulations, then analyze the issues from the cases of the supreme court and the constitutional court that are related to dental medical advertisements.
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KEYWORD
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Medical Practice , Non-Profit , Public , Medical Advertisement , Dental Medical Advertisement
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