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TITLE Supreme Court Decision 2011Du7991 Decided March 14, 2013¡¼Claim for Cancellation of Correction Order, etc.¡½ [full Text]
Summary
[1] Where Gap corporation manufacturing glass containers advertised that ¡°Glasslockis a product patented as heat strengthened glass¡± and the Fair Trade Commission ordered correction against it under Article 3(1)1 of the former Act on Fair Labeling and Advertising (amended by Act No. 11050 of Sep. 15, 2011), the case finding the court below¡¯s error of misapprehending legal principle, since its labeling and advertising do not directly constitute a false and puffing advertisement
[2] The meaning of ¡°a slanderous advertisement¡± prohibited by Article 3(1)4 of the former Act on Fair Labeling and Advertising, etc.
[3] Where food or related product¡¯s harm to human body has been under dispute, whether advertisements pointing out competing products¡¯ risk can be banned as a slanderous advertisement (negative)
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