의료광고 규제제도 개선에 관한 행정법적 연구

With the collapse of the previous common sense of public nature, our society and the state have made it possible to realize publicness by the private sector, and the concept of expertise in medical practice, which had been firmly maintained under the influence of technological and social changes, has been mitigated in large part, and the role of a nation that is a spokesman for the public interest and has a grave obligation to protect the people's right to health and life, is also being shaken. In addition, the modern society has rapidly changed in a short period of time, such as the development of science and technology, the expansion of information and communication technology, diversification, and globalization, making it impossible for the state to take full responsibility for the survival of its members. In an extension of the changing requests of the times in our society, the Constitutional Court pointed out that the decision of the 2003 Constitution 3 of 2005 to impose a uniform ban on medical advertising on the grounds of consumer protection and excessive competition cannot fully achieve the purpose of regulating medical advertising, referring to the need to form a cooperative regulatory system with the private sector 10 years later, and the 2015 Constitution-based decision on the National Assembly's 2015 Appraisal. As lawmakers accepted the Constitutional Court's request, the regulation of medical advertisements has been made through a self-examination system centered on business organizations independent of administrative authority since September 28, 2018. This paper tried to evaluate whether the current medical law's regulations related to the review of medical advertisements were designed to fulfill the purpose of the Constitutional Court's decision, the self-regulation of the private sector on medical advertisements, and the ultimate guarantee responsibility of the state, and to present future improvement measures.