식품 등의 표시광고에 대한 자율심의제도에 관한 연구

Food Sanitation Act and Health Food Act imposed on food businessmen obligations to provide informations on foods and to provide them accurately. However, since the individual laws regulated separately, the Label and Advertisement of Foods was enacted in 2018 because it requires integrated discipline. Also, this Act regulates the self-review system for the label and advertisement of foods. However, self-review bodies of this Act are not limited to private organizations, but also include the ministry of food and drug safety. This corresponds to the pre-censorship by the administrative agency, which is the basis of the Constitutional Court's unconstitutional decision. Therefore, provisions of the Act which KFDA can review advertisements in advance have possibility of unconstitutionality. And the reason for regulating unfair display advertisements is to prevent inaccurate choices by causing misconceptions of consumers. However, it can not be said that undeliberated advertisements cause consumers' misconception. Therefore, these advertisements will be regulated through separate prohibition regulations.