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KMID : 0986720120200020135
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Korean Journal of Medicine and Law
2012 Volume.20 No. 2 p.135 ~ p.161
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A study at relationship between patient solicitation and medical advertisement in the law of medicine
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Baek Kyoung-Hee
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Abstract
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Medical practice has the characteristics of the public utility nature and nonprofit because it is directly connected life and body of people and protects the right to health. However, medical practice also has a commerciality in a view of providing patients with medical service by medical personnel, which generates the orderly medical market.
For such a reason as ambilaterality in medical practice, our current law of medicine has prohibited physician from advertisement for medical services via regulations regarding medical advertisement rules to prevent patient solicitation. The legislation and existing judicial precedent have not distinguished the bilateral relations.
In a recent precedent, however, Supreme Court established the relationship between patient solicitation and medical advertisement and proposed the distinct criteria for them. In this article, I analyse this Supreme Court decision, and suggest the interpretative criteria for patient solicitation and medical advertisement in our nation.
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KEYWORD
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medical practice, patient solicitation, medical advertisement, nonprofit, the right to health
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