표시․광고 규제법제의 개선을 위한 행정법적 고찰

A Proposal for Improvement of Administrative Law System Regulating Indication and Advertisement

There exist very various legal systems to regulate indication and advertisement. Systematic regulation of indication and advertisement may be effected through various types of legislation, such as a framework Act, Acts by field and individual Acts, within the area of administrative law. The advancement of indication regulation must be reached through mutually harmonized operation of such three types of Acts. The Act on Fair Indication and Advertisement is at the heart of the legal system to perform such function. In spite of the enactment and implementation of the Act, there are still many problems to be solved for the establishment of combined systematization of laws and regulations concerned. This study is designed to analyze the current situations of and problems in the legal system that underlies the regulation of indication and advertisement, and Acts by field including the Framework Act on Consumers and other individual Acts including the Pharmaceutical Affairs Act, and then to present the policy measures for improving such Acts, specifically focused on the Act on Fair Indication and Advertisement. The analysis of such problems may be summarized as follows: First, the Act on Fair Indication and Advertisement should be made a framework Act to accomplish the fairness and advancement of indication and advertisement. The functions of said Act, however, are currently confined to regulating unjust indication and advertisement. In this context, this paper points out the present conditions of and concrete problems in the Act on Fair Indication and Advertisement through systematically reviewing the structure and detailed contents of the Act. Second, this study analyzes problems involving the indication and advertisement regulation in the Framework Act on Consumers, the Act on the Consumer Protection in the Electronic Commerce Transactions, etc., and the Regulation of Standardized Contracts Act. Finally, this paper presents other related problems to be solved in the Food Sanitation Act, the Pharmaceutical Affairs Act, the Cosmetics Act, the Act on the Parceling-Out of Buildings, the Tourism Promotion Act, the Banking Act, the Attorney-at-Law Act, the Medical Service Act, etc. Based on the analysis of problems above, this study suggests necessary policy measures to improve the Act on Fair Indication and Advertisement as follows: First, it discusses the needs of reorganizing the legal system concerned. Particularly, this paper points out the basic matters to be introduced in the Act on Fair Indication and Advertisement, such as the basic principles and general standards for indication and advertisement , the systematic establishment of various administrative means and the establishment of harmonized relationship among administrative agencies, the creation of clear relations with other Acts, etc. Second, it presents concrete policy measures to amend the Act on Fair Indication and Advertisement. Beginning with the purpose of the said Act to be included in its general provisions, it contains concrete suggestions for building a system for establishing the fairness of indication and advertisement and other related regulatory system, for the reestablishment of a system for regulating unfair indication and advertisement, and otherwise for autonomous implementation of the fairness of indication and advertisement, etc. In the present society, the importance of indication and advertisement is getting greater, especially with the expansion of information-oriented society based on the Internet. Both the producers and the consumers of goods and services are being directly affected by the regulation of indication and advertisement. Accordingly, it is very important in the present society to establish a legal system for ensuring the real fairness of indication and advertisement. I expect this study will serve to accelerate substantial discussions over policy measures for establishing the fairness of indication and