8. up to 4. The advertisement was placed on the homepage (E) operated and managed by the above medical institution on new medical technology that did not undergo a new medical technology evaluation of self-feasible stem cell transplantation.

“.” According to the former Medical Service Act (amended by Act No. 9932, Jan. 18, 2010) that was applied at the time of the Defendant’s above advertisement, the Minister for Health, Welfare and Family Affairs at the time shall assess the safety and effectiveness, etc. of new medical technology after deliberation by the Committee for Evaluation of New Medical Technology, as prescribed by Presidential Decree, in order to protect national health and promote the development of medical technology (Article 53(1) of the same Act). In other words, new medical technology needs to be evaluated the safety and effectiveness of new medical technology (Article 53(1) of the same Act). Advertisement of new medical technology that has not been assessed by the Minister for Health, Welfare and Family Affairs is not allowed (Article 56(2)1 of the same Act). A person who violates this provision shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won (Article 89 of the same Act). Such new medical technology shall be deemed to have recognized the need for new medical technology in advance.

This is because, after medical advertising for medical technology has been made, if it is included in the case of recognizing the necessity of evaluation of the medical technology, it is determined by the ex post facto act of the competent minister, and what is prohibited as a norm offender.