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KMID : 1234820140150010165
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Korean Society of Law and Medicine
2014 Volume.15 No. 1 p.165 ~ p.181
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A Review about the Penal Provision relating False and Exaggerated Advertising?Indication of the Special Law - Centering on the area of Health?Medical?Biotechnology -
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Shim Young-Joo
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Abstract
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Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business’s purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health?medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.
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KEYWORD
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Special law, False or Exaggerating Advertising and Labeling, Criminal Punishment, Fraud, Health&Medical.Biotechnology
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