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(영문) 서울행정법원 2018.12.06 2018구합57858

업무정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is operating a pharmacy in Nowon-gu in Seoul Special Metropolitan City(hereinafter “instant pharmacy”).

B. Around March 2014, the Defendant conducted an on-site investigation with regard to medical care benefits, etc. of the instant pharmacy (hereinafter “on-site investigation”). (c) Based on the results of the instant on-site investigation, the Defendant: (a) on January 8, 2018, when the Plaintiff prepares alternative drugs with the same ingredients, content, and dosage form as those of the instant pharmacy; (b) on-the-counter drugs with the same biological equivalence recognized, the Plaintiff must notify the doctor, etc. who issued the relevant prescription thereof; and (c) on-the-counter drugs with no biological equivalence recognized, the Plaintiff would arbitrarily prepare alternative drugs without the consent of the doctor, etc. who issued the relevant prescription; and (b) on-the-counter drugs with no biological equivalence recognized; and (c) on-the-counter drugs with prescription claim for medical care benefit costs; and (d) on-the-counter drugs with respect to which the grounds for the instant disposition was issued pursuant to Article 25,132,16(1) of the former Pharmaceutical Affairs Act (amended by Act No. 15136, supra; hereinafter the same).).