[한약조제자격시험불합격처분취소][공1998.3.15.(54),791]
Whether "A college specializing in pharmacy" under Article 4 (1) 2 of the Addenda to the Pharmaceutical Affairs Act (amended by January 7, 1994) includes a foreign pharmaceutical college (negative)
According to Article 4(1)2 of the Addenda of the Pharmaceutical Affairs Act (amended by Act No. 4(1)2 of Jan. 7, 1994), with respect to a person who attends a college specializing in pharmacy at the time of the enforcement of the above Act, he is entitled to apply for an examination for preparation of herb drugs as prescribed by the Presidential Decree within 2 years after graduation after completing the oriental medicine-related subject as prescribed by the Ordinance of the Ministry of Health and Welfare. The related Acts and subordinate statutes, such as Article 3(2)1 and 3-2(2) of the above Act, and the provisions of the above Addenda, and the legislative purport of the above Addenda or the interpretation of the above Addenda, the term "university majoring in pharmacy" refers only to the Korean pharmaceutical college,
Article 3(2) of the Pharmaceutical Affairs Act, Article 3-2(2) of the Pharmaceutical Affairs Act, Article 4(1)2 of the Addenda ( January 7, 1994)
Plaintiff
The President of the National Health Center
Seoul High Court Decision 97Gu23602 delivered on November 5, 1997
The appeal is dismissed. The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
1. According to Article 4 (1) 2 of the Addenda of the Pharmaceutical Affairs Act (amended by Act No. 4731 of Jan. 7, 1994), a person who attends a college of pharmacy at the time of the enforcement of the above Act shall be entitled to apply for an examination for herb medication as determined by the Presidential Decree within 2 years after graduation after completing the herb-related department as determined by the Ordinance of the Ministry of Health and Welfare. The related Acts and subordinate statutes such as Article 3 (2) 1 and 2, Article 3-2 (2) of the above Act, and Article 3-2 (2) of the above Addenda, and the legislative purport of the above Addenda, and the literal interpretation of the above Addenda, the term "university majoring in pharmacy" refers only to the Korean pharmaceutical college, and it does not include foreign colleges majoring in pharmacy.
In the same purport, the court below is just in holding that the plaintiff who graduated from a pharmacy college on September 29, 1994 after the enforcement of the above law is not entitled to apply for the herb medication examination, and there is no error of law as pointed out by the plaintiff.
2. As long as the above judgment of the court below is justified, there is no evidence to acknowledge that the court below’s additional judgment of the court below is not affected by the conclusion of the judgment, and the validity of the decision of the court below as to the part of the additional determination shall not be deemed to fall under the single medical theory under Article 8 of the Addenda of the Enforcement Rule of the Pharmaceutical Affairs Act (amended by the Ordinance No. 933 of July 18, 1994), and there is no evidence to acknowledge that the application was received by a foreign university applicant, such as the plaintiff, because the foreign university applicant is deemed to have the qualification to apply for the oriental medicine preparation examination. All arguments are without merit.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Chocheon-sung (Presiding Justice)