기만, 과장ㆍ거짓 광고로 인한 소비자의 오인과 공정거래 저해 : 대상 판결 : 대법원 2017. 4. 7. 선고 2014두1925 판결 판례 평석

조주영 이화여자대학교 법학전문대학원 2021 Ewha Law Review Vol.11 No.-

연구 대상 판결에서 원고는 오픈마켓사업자와 광고 집행계약을 체결하고 오픈마켓에 원고의 개인정보 수집 경품 이벤트 페이지로 연결되는 배너ㆍ팝업 광고를 게시하면서 소비자가 배너ㆍ팝업 광고를 클릭하면 원고의 개인정보 수집 경품 이벤트 페이지로 연결되도록 하였다. 개인정보 수집 페이지에는 개인정보를 입력하는 부분이 있고 그 아래에는 원고에게 유리하게 발췌된 쿠폰 사용 후기가 이미지 형태로 있으며, 마지막으로 개인정보수집 목적 관련 정보와 쿠폰 증정 조건, 쿠폰 사용제한 조건에 대한 부분이 기재되어 있었다. 피고는 이러한 개인정보 수집 페이지를 표시 광고법상 ‘기만적인 광고’와 ‘거짓ㆍ과장의 광고’로 보고 원고에게 시정조치를 하였다. 법원은 이에 대해 원고의 광고행위가 기만적인 광고와 거짓ㆍ과장의 광고에 해당한다고 보았으며 이로 인한 소비자오인성 그리고 공정거래저해성까지 인정하며 부당한 표시광고법에 해당한다고 판시하였다. 부당한 표시광고법을 규제하는 데에 있어 중요한 문제는 어떠한 광고가 부당한 표시광고인지 결정하는 것이다. 현재 표시광고법 제2조에서 제정한 광고의 매체는 다양하다. 이에 따라 문제되는 광고의 형태도 다양해지고 있으므로, 광고 유형별로 규제를 더 세분화할 필요가 있다. 나아가, 대상판결의 경우 인터넷 광고가 주된 사안이었기에 본고에서는 인터넷 광고의 규제 방안도 살펴보고자 한다. The Plaintiff signed an advertisement execution contract with an open market operator and posted a banner and pop-up advertisement leading to the Plaintiff’s personal information collection prize event page on the open market. On the personal information collection page, there is a part where personal information is entered, and below it, a coupon review extracted in favor of the Plaintiff is in the form of an image, and finally, information related to the purpose of personal information collection, coupon gift conditions, and coupon use restrictions. The Defendant regarded such personal information collection pages as “deceptive advertisements” and “false and exaggerated advertisements” under the Display Advertising Act and took corrective action against the Plaintiff. In response, the court considered the Plaintiff’s advertising behavior to correspond to deceptive advertisements and false or exaggerated advertisements, and recognized consumer misconceptions and fair trade impediments, and ruled that it was an unfair labeling and advertising law. An important problem in regulating the Unfair Display Advertising Act is to determine which advertisement is the Unfair Display Advertising Act. Currently, there are various media for advertisements enacted in Article 2 of the Display Advertising Act. Accordingly, the types of advertisements in question are also diversifying. It is necessary to further subdivide the regulations accordingly. Furthermore, in the case of the target judgment, Internet advertising was the main issue, so it is necessary to look at ways to regulate Internet advertising.

중심부 함몰이 없는 이소성 췌장의 내시경적 초음파단층촬영술 소견

조주영,이준성,김진오,이문성,황성규,김연수,심찬섭,조영덕,홍수진,문종호,봉형근 대한소화기내시경학회 1998 Clinical Endoscopy Vol.18 No.4

Background/Aims: A gastric aberrant pancreas can be easily diagnosed through conventional endoscopy and radiologic modalities due to its characteristic features such as central dimpling. However, in cases involving an aberrant pancreas without the central dimpling, the differential diagnosis has been some troublesome. As for differential diagnosis of gastric submucosal tumors, endoscopic ultrasonography (EUS) allows us to visualize the structures underlying the gastrointestinal wall in a non-invasive manner, and has a great advantage over conventional modalities such as conventional endoscopy or the UGI series. Methods: We studied the EUS findings of a gastric aberrant pancreas without the central dimpling. We compared EUS features in 10 cases involving a gastric aberrant pancreas without the central dimpling to those in 16 cases with the central dimpling. Result: The lesions found appeared to be mainly heterogenous(84.6%), intermediate internal echoic (100%) tumors with 1-2 cm in diameter(88.5%), unclear in boundary (82.1%) and endoluminal in growth pattern(76.9%), located in the submucosal layer (100%) of the gastric wall. Moreover, 19.2% has been associated with changes in the proper muscle layer, such as thickening or irregularity of the 4th layer in the gastric wall. In a gastric aberrant pancreas without the central dimpling, 40% of the lesions involves the internal cystic area. Furthermore, the sizes of the gastric aberrant pancreas without central dimpling(1.5±0.3 cm) was larger than those with central dimpling(1.3±0.3cm). In a gastric aberrant pancreas located on the body or fundus of the stomach, 66.7% of the lesions are without the central dimpling. Conclusions: These EUS findings(internal cystic area, located on the body or fundus of the stomach, larger size) will be helpful in making a diagnosis of a gastric aberrant pancreas in cases where the characteristic central dimpling does not exist.

식도에 발생한 점막교 4예

조주영,김재일,이문성,심찬섭,유인환,김수경,박주일,전동하,김계혁,어중건,라성찬,한세환 대한소화기내시경학회 1996 Clinical Endoscopy Vol.16 No.6

Mucosal bridge, endoscopically observed, is a cord-like mucosal connection across the lumen. The bridge is very elastic and stretches easily, unlike granulation tissue. Mucosal bridges of the esophagus have been occasionally described in various circumstances, particularly in congenital or acquired origin as the inflammatory diseases. The occurrence of mucosal bridges due to inflammatory process may arise anywhere from the esophagus to the colon. It has been more frequently reported in the colon than in the esophagus, stomach, and duodenum. We experienced four cases of esophageal mucosal bridges and three of them were accompanied by esophageal diverticulum. We report these cases with a review of relevant literatures.

십이지장구부에 발생한 용종양 위상피화생 1예

조주영,이준성,장재영,김진오,이문성,황성규,김연수,심찬섭,조영덕,이영홍,봉형근 대한소화기내시경학회 1996 Clinical Endoscopy Vol.16 No.4

Gastric metaplasia of the duodenum, defined as the presence of groups of gastric mucosal cell within normal duodenal epithelium, is an almost constant feature of duodenal ulcer. The pathogenesis of gastric metaplasia is unclear, but acid and Helicobacter pylori infection are contributory factors to the development of gastric metaplasia. Generally, endoscopic finding of gastric metaplasia in duodenum is typically patchy distribution in duodenal bulb, but polypoid gastric metaplasia in duodenum is very rare. We report that the patient who complaints of abdominal pain has a villous, polypoid gastric metaplasia in duodenal bulb without duodenal ulcer.

Mallory-Weiss 증후군 출혈의 내시경적 금속 Clip 지혈술의 유용성

조주영,이준성,김진오,이문성,황성규,김연수,박용순,심찬섭,조영덕,이영홍,봉형근 대한소화기내시경학회 1996 Clinical Endoscopy Vol.16 No.4

Mallory-Weiss syndrome is a laceration in the region of the gastroesophageal junction due to vomiting, retching, coughing preceding hematemesis in alcoholic patient. Bleeding from Mallory-Weiss tears stop spontaneously without specific therapy in 80-90 percent of patient, but rebleeding is uncommonly occurring in 2 to 5 percent of patients. Thus most patients require only supportive care. Rarely endoscopic therapy or operative therapy may be required. We conducted an uncontrolled study to evaluate an improved metallic clip(Olympus hemoclip) for the endoscopic treatment of Mallory-Weiss syndrome. Initial hemostasis was achieved in all patients with active bleeding. No complications resulted from this treatment. Clips did not impair healing of teared mucosa. We conclude that endoscopic hemoclip placement is a highly effective and safe method for treating uncontrolled Mallory-Weis syndrome.

EEMR 튜브를 이용한 조기식도암의 근치적 절제 1예

조주영,이준성,김진오,김주호,이문성,황성규,심찬섭,봉형근,조영덕,김연수 대한소화기내시경학회 1995 Clinical Endoscopy Vol.15 No.4

Although esophageal cancer has been recognized as difficult to treat, its long-term survival statistics are significant lower than those of other gastrointestinal cancers, Postoperative 5-year survival of the early esophageal cancer which invasion is limited to the mucosa is close to 100%. So, early detection of esophageal cancer has been extremely significant. Progress in the endoscopic technique has enabled to make not only early detection but also curative endoscopic resection of the early esophageal cancers. The indication for curative endoscopic resection of esophageal cancer are as follows: mucosal cancer apart from gross invasion to the muscularis mucosae without nodal involvement and less than 2 cm * 2 cm in size of lesion. EEMR tube(endoscopic esophageal mucoaal resection tube), which was designed by Makuuchi in 1991, is widely used for resection of early esophageal cancers. We report a case of patient with early esophageal cancer, who was admitted due to complation of postprandial epigastric pain, diageosed by endoscopy, endoscopic ultra sonography and chest computerized tomography, and successfully resected by using EEMR tube.

부유두 내 췌관 배액관 삽입술 및 부유두 괄약근 절개술로 호전된 만성 췌장염 1 예

조주영,이준성,이문성,김연수,심찬섭,조영덕,문종호,정인섭 대한소화기내시경학회 1999 Clinical Endoscopy Vol.19 No.3

The anatomy of the pancreatic ducts and their variations are best defined through a pancreatography, which is especially useful for determining the appropriate endoscopic management. Pressure in the pancreatic ductal system has been shown to be significantly higher in patients with painful chronic pancreatitis and dilated ducts when compared with pressure in controls. The aim of pancreatic drainage procedures is to improve the outflow of pancreatic juice, thereby lowering intraductal pressure and affording relief of pain. It is necessory for both endoscopic pancreatic sphincterotomy (EPS) and stenting have to be performed at the papilla of the dominant duct, which is the Wirsung duct (embryologic $quot;ventral$quot; duct), in the majority such of cases. An EPS of the minor papilla should be considered when the duct of Santorini (embryologic $quot;dorsal$quot; duct) predominates, as in patients with complete or incomplete divided ducts or with a distorted connection between the ventral and the dorsal duct. In these patients, access to the main pancreatic duct (MPD) is easier through the duct of Santorini. A 42 year-old man was admitted with chronic recurrent pancreatitis. Minor papilla sphincterotomy and endoscopic stent placement were performed for the drainage of the dorsal pancreatic duct. After stenting of the minor papilla, abdominal pain disappeared and pancreatitis did not develop after a 7 month follow-up, the stent was changed.

에니어그램 발달수준과 관련된 개인·가족 요인

조주영,차윤희 한국에니어그램학회 2008 에니어그램연구 Vol.5 No.2

황사현상의 발생과 대처방안

조주영 한국공기청정협회 2004 空氣淸淨技術 Vol.17 No.1

부분 간절제술로 급성간부전이 유도된 흰쥐에서 비장내 동종 간세포 이식

조주영,이준성,김홍수,김진오,이문성,황성규,김연수,심찬섭,조영덕,홍수진,천갑진,윤익진 대한소화기학회 1998 대한소화기학회지 Vol.31 No.5

Background/Aims: Various techniques of hepatocyte transplantation were actively studied as the alternatives to liver transplantation because of potential advantages including technical simplicity, low risk of operation and use of cells from a liver of single donor for multiple recipients, We investigated the effect of allogenic hepatocellular transplantation into spleen on the survival rate after 90% partial hepatectomy-induced acute hepatic failure in rats. Methods: Acute hepatic failure was induced by resection of all lobes except caudate lobe in Sprague-Dawley rats. Hepatocytes, isolated by collagenase perfusion of the liver via the portal vein, were transplanted into the spleen of rats after 90% partial hepatectomy (2.0×10^7 hepatocytes/rat). Results: There was significant difference in the survival rate between control group without treatment after 90% partial hepatectomy and transplanted group receiving intrasplenic allogenic hepatocellular transplantation after 90% partial hepatectomy. Engraftment and survival of transplanted hepatocytes were observed in spleen 2 days after transplantation. Conclusioas: We could observe significant improvernent of survival rate by intrasplenic hepatocellular transplantation in rats with 90% partial hepatectomy-induced acute liver failure. These results suggest that intrasplenic hepatocellular transplantation may be effective in the treatment of acute liver failure.