업무정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From July 25, 1975, the Plaintiff is a pharmacist who establishes and operates a “C pharmacy” (hereinafter “C pharmacy”).
B. D, an employee of the instant pharmacy, sold gelM 1 A and one gas growth ceiling (hereinafter collectively referred to as “the instant drug”) to customers who visited the instant pharmacy on September 25, 2014 without the instruction of the Plaintiff, a pharmacist, or a pharmacist, who visited the instant pharmacy, on September 25, 2014, and sold gelM 1 A and one gas growth ceiling (hereinafter collectively referred to as “the instant drug”).
C. On January 15, 2015, the Defendant notified the Plaintiff on the ground that D, an employee of the instant pharmacy, sold over-the-counter drugs as above, that the Plaintiff would be subject to the disposition of business suspension on April 15, 2015.
Accordingly, the Plaintiff requested the suspension of administrative disposition on the ground that the relevant criminal case is pending, and the government prosecutor's office in the relevant criminal case issued a disposition of suspension of indictment on April 8, 2015, and issued a disposition of suspension of indictment against D and the suspicion against E. D.
Accordingly, on April 29, 2015, the Defendant rendered a disposition of two months of business suspension under Articles 44(1) and 76 of the Pharmaceutical Affairs Act (hereinafter “instant disposition”) on the ground that D employees, other than the founders of the instant pharmacy, in the instant pharmacy, sold over-the-counter drugs to customers on September 25, 2014 and November 7 of the same year.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s claim 1 of this case is based on Article 44(1) of the Pharmaceutical Affairs Act, namely, Article 44(1) of the same Act, or Article 44(1) of the same Act, or Article 44(1) of the same Act, insofar as the Plaintiff