SNS Medical Advertising—No Crime Without Intent… Acquittal

Case Overview

In this case, the defendant, a physician who ran a hospital, was indicted for violating the Medical Service Act on the grounds that he had posted a medical advertisement on SNS 'without obtaining prior review.' Under the current Medical Service Act, advertisements above a certain scale require prior review, but the defendant, unaware of this, had posted content similar to advertisements that had previously been reviewed. The advertisement in question was posted for only a few days and contained no content that deceived consumers and no exaggerated expressions.

Our Strategy

I argued 'absence of intent' on the grounds that the defendant had previously obtained review for similar advertisements and had mistakenly believed that this advertisement fell within the same category. I further emphasized that the advertisement was exposed only for a short period rather than posted long-term, and that there was virtually no benefit to be gained from advertising without review, showing that intent was lacking. The court likewise held that 'it is difficult to conclude that the defendant deliberately advertised without review' and acquitted him. Medical advertising is a realm of expression but also a subject of regulation, so examining intent and context is essential. The risk of wrongful accusations can arise even in moments we are not aware of. For those who have been wronged, I am always fighting from the closest possible position.

Result · Acquittal

SNS Medical Advertising—No Crime Without Intent… Acquittal

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.