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(영문) 서울행정법원 2016.10.13 2015구합81294

자격정지처분 취소청구

Text

1. The defendant's disposition of "the suspension of each qualification listed in attached Table 1" against the plaintiffs shall be revoked.

2...

Reasons

1. Details and details of the disposition;

A. The Plaintiffs are doctors working at medical institutions under the Medical Service Act, such as “G Council members,” etc. in Sejong City F.

B. On June 22, 2011, the chief prosecutor of the Seoul Central District Prosecutor’s Office issued the Defendant “H Co., Ltd.” to the effect that “The representative director I and J et al. J et al. The representative director K et al. al. criminal facts as follows are criminal facts.”

Defendant

I is the representative director of H who manufactures and sells drugs with permission for items of 118 drugs, such as “L”, etc., and Defendant K is the representative director of J established for the purpose of public relations of drugs and market research services.

A person who has obtained marketing approval of drugs, importer, and wholesaler shall not provide money, goods, benefits, labor, entertainment, or other economic benefits to medical personnel, founder of a medical institution, or founder of a pharmacy for the purpose of sales promotion, such as adoption of, guidance for, and inducement of, adoption of, and solicitation

2. The Defendants’ joint criminal conduct in violation of the Pharmaceutical Affairs Act introduced a means to reduce the drug cost, which is an economic benefit, such as money, etc., for the purpose of sales promotion, and thus making it difficult for the Defendants to directly provide money and goods for prescription consideration, as shown in the example, to doctors, etc. who prescribed medicines manufactured and sold at H, as if they were to have provided for the purpose of sales promotion. While seeking any other method to provide rebates for the purpose of promoting the sale of medicines, the Defendants’ joint criminal conduct conducted the “market investigation” permitted by the Fair Trade Regulations, which is the autonomous rules of pharmaceutical companies implemented by the Korea Pharmaceutical Association with the approval of the Fair Trade Commission, and paid the price to the medical personnel who responded to the investigation.

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