Whether the advertisement of medical appliances is included in the advertisement of medical practice (negative)

In full view of Article 46(4) of the Medical Service Act and Article 33(1) of the Enforcement Rule of the same Act, Article 2(9), Article 63 of the Pharmaceutical Affairs Act, and Article 48 of the Enforcement Rule of the same Act, the advertisement on medical appliances shall not be included in the advertisement on medical appliances.

Article 46 (4) of the Medical Service Act, Article 33 (1) of the Enforcement Rule of the Medical Service Act, Articles 2 (9) and 63 of the Pharmaceutical Affairs Act, Article 48 of the Enforcement Rule of the Pharmaceutical Affairs Act

Defendant

Prosecutor

Busan District Court Decision 83No1562 delivered on October 18, 1983

The appeal is dismissed.

The grounds of appeal are examined.

According to Article 46 (4) of the Medical Service Act and Article 33 (1) of the Enforcement Rule of the same Act, the scope of medical advertisement which a medical person can engage in. 1. The name, gender, and type of license of medical person; 2. Specialized Department; 3. The name, location and telephone number of a medical institution; 4. Medical care days; 4. Medical care hours; and 4. Medical care hours; pursuant to Article 2 (9) of the Pharmaceutical Affairs Act, medical appliances are used for the purpose of diagnosis, treatment, mitigation, treatment, or prevention of human or animal diseases; and appliances, machinery, or equipment designated by the Minister of Health and Welfare for the purpose of affecting the structure and function of human or animal; and Article 63 of the same Act and Article 48 of the Enforcement Rule of the same Act provide the scope of advertisement of medical appliances, etc.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)