인터넷 환경에서의 의료광고 규제제도 개선방안에 관한 연구

초록

The Korean Constitutional Court held that the prior review system of medical service advertisement by the Minister of Health and Welfare on the Medical Service Act is unconstitutional, because it is prior censorship which is banned by the Korean Constitution on December 23 in 2015. With the decision of the Korean Constitutional Court, a discussion on the improvement or reform of regulation system of medical service advertisement would start in the proper direction to the new medical and Internet environment. This study aims to find and propose the improvement plans of regulation system of medical service advertisement in a viewpoint of ‘rationalization of regulation of medical service advertisement considering the characteristic of the Internet’ and ‘introduction of self-regulation’. The improvement plans of regulation system of medical service advertisement are as follows. First, it is needed to introduce Notice & Take Down system on illegal medical service advertisement. This Notice & Take Down system is a kind of hot line to block circulation of illegal medical service advertisement quickly, and could be a very efficient system in correspondence with the characteristic of the Internet. Second, the regulation system should not be designed in such a way that the general and positive obligation to monitor illegal medical service advertisements is imposed on Online Service Providers which intermediate the illegal medical service advertisements. Third, it is needed to introduce self-regulation system and to combine post-review (monitoring) system by administrative agency and non-mandatory self prior review system by self-regulation body.

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