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(영문) 인천지방법원 2018.10.24 2018노1986
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. Advertisement for new medical technology without being assessed by the Ministry of Health and Welfare (hereinafter referred to as “1 advertisement”) (hereinafter referred to as “the Medical Service Act”) is not to separately determine only a specific phrase separately, but to judge the overall purport of the advertisement including the pertinent phrase comprehensively. ② The phrase “applicable to all cancer patients” is merely the phrase that it is possible to apply to liver cancer, recurrence, ion cancer, and terminal cancer, and it does not mean that it is possible to apply to non-permitted life-sustaining treatment. ③ It is written in the advertisement materials attached to the accusation as “balpt, recurrence, and terminal cancer” (hereinafter referred to as “the advertisement”). ④ All the contents contained on the website are only written in the content of the existing liver or self-mar cancer with the permission, and it is not written in any other form of treatment, and thus it is possible for general consumers to apply to cancer treatment as it does not include any other form of treatment.

In full view of the fact that there is no possibility of causing mistake or confusion, and (5) In fact, the medical institution in this case provides treatment to patients with liver cancer and spawnosis, and does not provide treatment to other swn, so it is reasonable to view the Defendant’s 1 advertisements as being conducted within the area of treatment for which new health technology assessment has been completed.

B. The part of the advertisement that is likely to mislead consumers (hereinafter “the advertisement No. 2”) ① Whether a violation of the Medical Service Act is not determined separately, but should be assessed by comprehensively assessing the entire purport of the advertisement, including the pertinent phrase, without separately distinguishing only a specific phrase, and ② an advertisement.

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