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2-3 · Prior opinions & explanations

Opinion Statements on Prior Notice for Medical Advertising Violations

If a medical advertisement violating Article 56 of the Medical Service Act is detected, administrative dispositions such as business suspension under Article 64 of the same Act may be imposed by the competent public health center, city, county or district separately from criminal punishment under Article 89, and depending on the case, a penalty surcharge may replace the suspension (Article 67). Before a disposition, prior notice under Article 21 and an opportunity to submit opinions under Article 27 of the Administrative Procedures Act are given, and if you do not respond, it is likely to be treated as having no opinion and the disposition will follow the investigation materials. Even if an advertising agency or employee wrote the post, the clinic bears administrative responsibility if it was posted in the medical institution's name, so the agency contract and records of management and supervision serve as materials for judging intent and degree of responsibility. After the disposition, file an administrative appeal within 90 days of learning of it.

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🌐 How to Write a Written Opinion on Prior Notice of a Disposition for a Medical Advertising Violation
01

Procedure

Procedure

Procedure type
  • Appeal Difficulty High

    Submitting an opinion, objection or administrative appeal against a disposition or decision already made, or applying for damage relief or dispute mediation. The reviewing body decides after examining the facts and the law, so preparing supporting evidence is important.

  1. 01

    Check the prior notice and deadline: Check the reason for the disposition, legal provision, planned disposition and opinion submission deadline stated in the prior notice. Deadlines are often short, so count back the schedule from the date of receipt.

  2. 02

    Organize the violation and posting circumstances: Organize the expressions in the advertisement at issue, the medium, the posting period and who wrote it. If an advertising agency, employee or franchise headquarters wrote it, also gather the agency contract, review records and records of management and supervision.

  3. 03

    Correct and conduct a full review: Capture the post, then delete or correct it immediately, and record the before and after screens with dates. Also document the results of a full review confirming the same expressions do not remain on other channels.

  4. 04

    Prepare and submit the opinion statement: Set out in order the posting circumstances, the absence of intent, deletion and correction records, the agency management system, the recurrence prevention plan, and the harm to patient care and operations from a suspension, and submit it within the deadline. Support the reasons a surcharge in place of suspension or a reduction is needed with materials such as treatment schedules.

  5. 05

    Administrative appeal after the disposition: Once the disposition is issued, submit an administrative appeal petition within 90 days of learning of it or within 180 days of the disposition. If the suspension start date is near, also apply for a stay of execution.

02

Filing route

Filing route

Competent public health center, city, county or district that gave notice of the disposition

Confirm the current filing office, jurisdiction, and online availability on the official website.

Official check
Actual processing agencyCompetent Korean authority or official service
Statutory and policy authorityMinistry of Health and Welfare
Online routeOfficial check
03

Deadlines & processing notes

Deadlines & processing notes

Check deadlines and next steps against the notice, filing date, and any request for additional documents.Official check
04

Basic documents

Basic documents

Basic documents0 / 8

의견제출서(별지 제11호서식)

HWP originalPDF

Source: Korea National Law Information Center, 「행정절차법 시행규칙」 별지 제11호서식(effective 2022.07.12.) · checked 2026.10.26. · the form is in Korean; confirm it is the current version before submitting.

If you delete the post before capturing it, it becomes difficult to prove when and how it was corrected, so keep the screen and date before deleting and attach that record to the opinion statement.

Scope of services

Scope of services

Hwang Yunsang Administrative Agent Office prepares and translates documents for administrative agencies, submits them on your behalf, and guides you through permit, application, and notification procedures. Services that require the principal’s personal appearance, principal’s application, or electronic signature may be limited in delegation.