Korean Journal of Medical Ethics

The Korean Society for Medical Ethics

Korean J Med Ethics 2010; 13(2):137-151

pISSN: 2005-8284, eISSN: 2234-3598

DOI: https://doi.org/10.35301/ksme.2010.13.2.137

Article

의약품 거래에 관한 세 가지 규약의 법적 관계 및 쟁점별 비교·고찰*

박형욱¹^,^*

Legal and Ethical Issues concerning the Fair Competition Code on Pharmaceutical Trade

Hyoung Wook Park¹^,^*

¹연세대학교 의과대학 의료법·윤리학과

¹Department of Medical Law & Ethics, Yonsei University College of Medicine

^*02-2228-2534. ismipark@yuhs.ac

ⓒ Copyright 2010 The Korean Society for Medical Ethics. This is an Open-Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Received: Apr 20, 2010; Accepted: Jun 01, 2010

Published Online: Jun 30, 2010

ABSTRACT

In 2007 the Korean Research-based Pharmaceutical Industry Association (KRPIA) developed a Fair Competition Code on Pharmaceutical Trade, and in 2010 the Korean Pharmaceutical Manufacturers Association (KPMA) revised its Code of Fair Competition. Prior to 2007, the KRPIA and KPMA made voluntary agreements on pharmaceutical trade. This article examines the three codes in terms of the limits they set on various forms of gift-giving, donations, the funding of academic conferences inside and outside of Korea, the provision of drugs for clinical studies, market surveys, and post-market surveillance studies. The results of this examination show that the KPMA 2010 Code reflects a moral bias against donations to healthcare organizations and grants an exclusive power to the KPMA regarding sponsorships to participate in academic conferences.

Keywords: 공정경쟁규약; 규약의 비교 고찰; 규약심의위원회

Keywords: medical ethics; declaration of physicians’ ethics; fair competition code; pharmaceutical trade