Supreme Court Confirms Fine for DoctorNow
South Korea’s Supreme Court finalized a suspended 3 million won fine against telemedicine platform DoctorNow and its former chief executive for violating the Pharmaceutical Affairs Act, kmpnews.co.kr reported.
The case centers on a specific feature launched in May 2022. DoctorNow displayed selected prescription drugs under a “BEST Products” category organized by conditions such as hair loss, acne, diet, and allergies.
Users could tap on items to check prices, user reviews, and efficacy details.
Prosecutors indicted the company and its leadership in 2024. The state argued that promoting specific prescription drugs breached legal prohibitions against advertising such medications.
Judges found that the setup allowed patients to select medicines directly rather than relying on independent medical evaluation.
Judges noted that the featured items represented only a fraction of available treatments. This presentation created a strong risk that patients would view the highlighted drugs as superior options.
Data showed that the highlighted medications received an overwhelming share of total prescriptions. DoctorNow argued that the feature lacked a commercial motive and did not constitute an advertisement.
Supreme Court Rejects Defense Appeal
The court upheld the lower rulings finding the company guilty of pharmaceutical law violations.
The justices ruled that advertising under Article 68, Paragraph 6, Item 1 of the statute covers any method used to spread information about prescription drugs to the general public. The court stated that such actions do not require proof of a commercial motive or profit-driven intent.
An official police investigation began after the Gyeonggi Provincial Medical Association and other healthcare groups filed a criminal complaint against DoctorNow in 2022. Law enforcement dismissed all other allegations against the platform apart from the illegal advertising charge.
Questions about the DoctorNow fine and legal violation
What exact penalty did DoctorNow receive from the court?
The Supreme Court finalized a 3 million won suspended fine for both DoctorNow as a corporate entity and its former chief executive officer.
Which specific features triggered the legal violation?
The platform featured a “BEST Products” list under its “Get Your Desired Prescription” menu, allowing users to view prices and reviews for specific prescription drugs before requesting remote consultations.
Who originally reported the platform to law enforcement?
The Gyeonggi Provincial Medical Association and allied healthcare organizations filed the initial criminal complaint against the telemedicine company in 2022.