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

Procedure

1. 1. Check the prior notice and the deadline

   Check the cause of the disposition, the legal basis, the intended disposition and the deadline for submitting an opinion stated in the prior notice. The deadline is often short, so plan the schedule backward from the date you received the notice.

2. 2. Organize the violation and how the advertisement was posted

   Organize the wording of the advertisement at issue, the medium, the posting period and who wrote it. Even if an advertising agency, an employee or a franchise headquarters wrote the post, the hospital or clinic bears administrative responsibility if it was posted in the name of the medical institution. For this reason, also collect the agency contract and the records of management and supervision.

3. 3. Secure materials on corrective action

   Delete or correct the post immediately, capture the screens before and after, and keep them together with the dates. Also document the result of a full check of whether the same wording remains on other channels.

4. 4. Write and submit the written opinion

   Set out, in order, how the advertisement came to be posted, the circumstances showing that there was no intent, the record of deletion and correction, the system for managing the agency, the recurrence prevention plan, and the harm to patient treatment and operations that business suspension would cause. Support with materials the reasons why replacement with a penalty surcharge or mitigation is needed in light of the principle of proportionality, and submit the opinion within the deadline.

Required documents

• Opinion submission form (Enforcement Rule of the Administrative Procedures Act, Annexed Form No. 11)
• Prior notice of disposition
• Screen captures of the advertisement at issue (showing the posting date and medium)
• Screens before and after deletion or correction, and a record of the dates of action
• Advertising agency contract and review records
• Recurrence prevention plan (internal review procedure, designation of a person in charge, etc.)
• Materials on operational harm, such as the treatment schedule and reservation status

Fees

There is no government fee for submitting an opinion itself. Preparation of a written opinion or statement of reasons starts from 150,000 won, and relief from business suspension or a penalty surcharge, carried through to an administrative appeal after the disposition, starts from 1,000,000 won. The fee varies with the number of violations and the volume of materials, and we will advise after a consultation, based on the prior notice.

See fees and official charges for this service →

Legal basis and review date

• Administrative Procedures Act, Article 21
• Administrative Procedures Act, Article 27
• Medical Service Act, Article 56
• Medical Service Act, Article 64, paragraph (1), subparagraph 5
• Medical Service Act, Article 67
• Administrative Appeals Act, Article 27

Checked against the statutes on 2026-09-30

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

• Check the deadline for submitting an opinion in the prior notice first. Once the deadline passes, the opportunity to argue for mitigation is reduced.
• Capture the post at issue before deleting it. Without materials from before the deletion, it is hard to prove the corrective action.

Frequently asked questions