Key Points
- Medical professionals and institutions may not run advertisements that were not reviewed or that differ from what was reviewed, patient testimonials, or false, exaggerated, comparative, or disparaging advertisements (Article 56(2) of the Medical Service Act).
- The penalty is up to one year in prison or a fine of up to KRW 10 million (Article 89, subparagraph 1), and administrative sanctions such as suspension of business may follow.
- People who are not medical professionals, such as marketing agencies, may not run medical advertisements (Article 56(1)).
- DAEON obtained an acquittal for a doctor indicted for posting a medical advertisement on social media without prior review, by proving there was no intent.
Prohibited advertisements (Article 56(2) of the Medical Service Act)
- Subparagraph 1 : Advertising new medical technology that has not been evaluated
- Subparagraph 2 : Advertising such as patient testimonials that may mislead people about treatment effects
- Subparagraphs 3 and 8 : False advertising, and advertising that exaggerates objective facts
- Subparagraphs 4 and 5 : Advertising that compares with or disparages other medical professionals or institutions
- Subparagraph 6 : Advertising that directly shows procedures, such as scenes of surgery
- Subparagraph 7 : Advertising that omits important information such as serious side effects
- Subparagraph 10 : Advertising disguised as a news article or expert opinion
- Subparagraph 11 : Advertising that was not reviewed or differs from what was reviewed
- Subparagraph 13 : Advertising discounts or waivers of non-covered medical fees in a way that deceives consumers
- Subparagraph 14 : Advertising that features awards, letters of appreciation, certifications, guarantees, or endorsements (certifications provided for by law excepted)
Points worth challenging
- Is it an advertisement? · Information sharing, academic materials, and posts written voluntarily by individual patients may not be advertisements.
- Is it subject to review? · Whether review is required depends on the media used and the number of users.
- Was there intent? · We look at whether there were circumstances showing the violation was not known, such as believing the content was within an already reviewed scope or an agency posting it on its own.
- Seriousness of the violation · The posting period, the degree of exaggeration, and actual harm to consumers affect the sentence and the level of sanctions.
Frequently Asked Questions
Is the hospital responsible for ads posted by a marketing agency?
Only medical professionals and institutions may run medical advertisements, so if an agency posted an ad on behalf of the hospital, the hospital may be named as the violator. You need to look at the terms of the agency contract, the approval procedure before posting, and how much the hospital was actually involved.
Is a review written by a patient on their own also a violation?
A review that a patient leaves voluntarily without any compensation generally does not count as medical advertising. But if the hospital gave something in return or asked for the post, it may be treated as a patient testimonial advertisement.
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Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
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