• Korean journal of communication and information
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• v.39
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• pp.428-472
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• 2007

The purpose of this study is to find that how the principles of Fair Labelling and Advertising Act(called 'FLAA' hereinafter) apply to the unfair comparative labelling and advertising activities, as compared with deceptive and misleading, by analyzing the related judicial precedents for 7 years since FLAA enacted, The exact 17 precedents of Fair Trade Commission were analyzed to be judged the unfair comparative labelling and advertising activities, and partly also deceptive, falsified and exaggerated, which include in overlapping 5 comparative counterparts, 11 comparative standards, 7 comparative contents and 4 comparative methods in the unfairness types of comparison. Conclusively, it is needed that the unfairness of comparative labelling and advertising activities should be multiply considered in the concepts of deception, false or exaggeration and slanderousness, to more clearly apply to the facts and to more sufficiently protect consumers from the misleading environments.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• Journal of Korean Society of Industrial and Systems Engineering
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• v.6 no.9
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• pp.97-110
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• 1983

As the economic society develops very exceedingly, the gap of production and consumption elarges gradually. So the current function to connect them and the function to communicate are needed. I think the advertisement take the charge of this role. This advertisement is so essential to today's economic society that its power influences variably both the economic society and the consumers. The enterprisers, advertising owners stick to the maximization of profits and neglect the principle of true advertisements. They but tise not the information for the consumers to choose reasonably but the false, exaggerating advertisement and unfair manifestation very frequently, which is the main trouble in the current problems of consumption. Therefore, on the one hand, in this study from protecting the consumers not to be involved in the false, exaggerating advertisements, the establishment of advertising ethics as advertising owner's self-control is discussed. On the other hand, the legal control regulation in Korea, involving Japan and U.S.A. are analyzed. The cases of false, exaggerating advertisements and unfair manifestation in Korea are also demonstrated. Finally, the proposals to improve the advertisements are made from the Point of government, enterprisers, and consumers.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.3
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• pp.180-185
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• 2018

The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.3
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• pp.270-276
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• 2017

Previous studies of the effects of comparative advertising did not consider that comparative advertising should satisfy its legal conditions otherwise it would be unfairly comparative advertising. In this context, this study reviewed the current legal definition of 'unfairly comparative advertising' to clarify it by the definition of unfairly comparative advertising of the Guideline of Judgement of Comparative Labeling or Advertising based on the Act on Fair Labeling and Advertising. In addition, this study confirmed that comparative advertising was banned by the Monopoly Regulation and Fair Trade Act, which was the previous act on unfair labeling or advertising, and identified differences between the two Acts in regulating unfairly comparative advertising. This study analyzed 354 adjudication cases of unfairly comparative advertising based on the regulation of Monopoly Regulation and Fair Trade Act. As a result, the definitions of the two Acts of unfairly comparative advertising were found to correspond to each other. These results suggest empirically that comparative advertising was not banned legally in the past and the definition and judgement standards of unfairly comparative advertising have not been changed.

• Journal of the Korea Society of Computer and Information
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• v.16 no.8
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• pp.157-164
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• 2011

As a computer technology is combined with communication technology, information and communication technology developed rapidly. As a result, The number of internet users increased quickly. Ability of human in using information was epoch-making, and it was increased through the Internet on behalf of an information-oriented society. As an Internet user hereby spreads explosively, legislations were established and revised to protect Internet users and consumers however, it is certain that the damages of Internet users are still increasing day by day. The purpose of this paper is to protect internet users and to reform the system. Also each portal site should provide fair information, and be responsible for conclusion of a contract. After they subdivide into personal service style, and analyze every situation and problems, they should improve problems.

• Korean journal of communication and information
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• v.38
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• pp.245-275
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• 2007

This study analyzes interactivity between formal policy and informal trade practices at outside production market of broadcasting production environment in Korea. For this, this study raises three topics. First, the trait of historical context of policy making at outside broadcasting production policy: Second, the trait and meaning of path dependency behavior in the process of trade practices between over-the-air TV Organization and independent production companies : Three, the meaning of interactivity between formal policy and informal trade practices at outside broadcasting production market. Major findings of this study are : the trait of policy making was concentrated on the quantitative rates of the outside production program. And, the trait of trade practices was unfair rivalry in accordance with the custom of insider dealing. The chief cause of the conflict structure of outside broadcasting production market is lacked in policy complement at the qualitative dimension.

• Korean Journal of Human Ecology
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• v.22 no.3
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• pp.473-483
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• 2013

This study analyzed the consumer consulting type about cosmetics, and examined the characteristics of the consumer consulting type. The data used for the analysis are 7,126 consumer consulting cases of cosmetics, which had been applied for the consumer counseling centers, from July 2010 to June 2011. Through the consumer consulting paper, the consumer consulting types were divided into as follows : purchase, delivery, quality, product, product display and advertising, services, after purchase, simple consulting, seller's unfair bill, and other types of consulting. According to the results of the analysis, consumers were anxious about cosmetics quality and safety, and they also wanted objective information on cosmetics. Consumer consulting type were significantly different by ages. 63.3% of teenagers were consulting about purchase problem. 31.5% of the 20's were consulting about quality, and 26.0% were consulting about purchase. 30's, 40's, more than 50's groups mostly were consulting about quality. Based on that, this study suggests about policy and consumer education for how to use and purchase the cosmetics correctly.

• The Journal of the Korea Contents Association
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• v.21 no.4
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• pp.38-49
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• 2021

This study analyzed the trend of the term 'false and exaggerated advertisement' in 5,141 newspaper articles from 1990 to 2019 using text mining methodology. First of all, we identified the most frequent keywords of false and exaggerated advertisements through frequency analysis for all newspaper articles, and understood the context between the extracted keywords. Next, to examine how false and exaggerated advertisements have changed, the frequency analysis was performed by separating articles by 10 years, and the tendency of the keyword that became an issue was identified by comparing the number of academic papers on the subject of the highest keywords of each year. Finally, we identified trends in false and exaggerated advertisements based on the detailed keywords in the topic using the topic modeling. In our results, it was confirmed that the topic that became an issue at a specific time was extracted as the frequent keywords, and the keyword trends by period changed in connection with social and environmental factors. This study is meaningful in helping consumers spend wisely by cultivating background knowledge about unfair advertising. Furthermore, it is expected that the core keyword extraction will provide the true purpose of advertising and deliver its implications to companies and related employees who commit misconduct.

• Journal of Families and Better Life
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• v.4 no.2
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• pp.53-66
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• 1986

The prensent study was aimed to explore the reality of the low-income consumers problem by the comparison among five income classes. Specifically, this study was intended to (1) compare the levels of consumer skill, market risk, and consumer problem among the five income classes, (2) examine the relationship between consumer problem and consumer skill, and the relationship between consumer problem and market risk, and (3) search the types of consumer problems that each income class consumers might experience the most often. For this purpose, a survey was conducted using questionaire on 525 home managers in Seoul. The deta were analyzed by ANOVA and DMR test. The major findings were as follows; First, the consumer skill was the poorest in the low-income consumers. There was curvilinear relationship between consumer skill and income level. Second, the market risk was the highest in the low-income consumers. Market risk had a negative linear relationship with income level. Third, consumer problem was the most serious in the low-income consumers and was the least serious in the middle-income consumers. Fourth, the lower consumer skill and the higher market risk the consumers had, the more consumer problems they tended to experience. Finally, the low-income consumers had relatively more difficulties in door-to-door sale and inferior goods problem than the middle and the high-income consumers. On the other hand, the latter experienced relatively more difficulties in false and misleading advertising, overcharge, unfair bargain, and warrenty-repair-exchange problem than the former. Taken together, the research hypotheses were well supported in this study. It was suggested that the quality and the quantity of the low-income consumers problem were different from those of the middle-and the high-income consumers problem.