약국개설등록불가 통지처분 취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The total cost of the lawsuit is due to the participation.
1. The reasoning of the disposition is as follows: (a) in addition to adding the following to the content under the second list of the judgment of the court of first instance, the content of the disposition is as stated in the corresponding part of the reasoning of the judgment of the court of first instance; and (b) in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the
c. D hospital operated by school foundation E (hereinafter “instant hospital”) on the northwest of the instant building.
Along with this, there are pharmacies operated by the Intervenor in the vicinity of the instant building.
The location of the instant building, the instant hospital, and the pharmacies operated by the Defendant joining the Defendant is as follows:
P QO NDH H
1. The hospital of this case and the neighboring airline of the building of this case;
2. The entry in the relevant statutes (attached Form) is as follows.
3. Whether the Defendant’s Intervenor’s motion to intervene was legitimate
A. The gist of the Plaintiff’s assertion lies in competition with the Plaintiff as pharmacists operating pharmacies in the vicinity of the instant hospital, but this is nothing more than a de facto economic interest, and Article 20(5)2 and 3 of the Pharmaceutical Affairs Act intends to protect the neighboring pharmacists’ business environment rights.
Therefore, the Defendant’s motion to intervene in the Intervenor’s Intervenor is unlawful.
B. In an administrative litigation case on the premise of judgment, even if the intervenor's participation does not constitute a third party's participation as provided by Article 16 of the Administrative Litigation Act, if the intervenor satisfies the requirements for participation in the lawsuit under the Civil Procedure Act, such participation can be deemed as an assistance in the lawsuit, and its nature
(see, e.g., Supreme Court Decision 2011Du13729, Mar. 28, 2013). Meanwhile, participation in a lawsuit under the Civil Procedure Act can be carried out by a third party who has an interest in the outcome of the lawsuit. Here, “interest” refers to legal interest, and is subject to res judicata or executory power of the judgment of the relevant lawsuit, or is subject to a judgment of the relevant lawsuit.