[한약업사자격인정서교부신청반려처분취소][공1990.1.1(863),45]
Whether a person who has passed the examination for herb druggist, but failed to obtain the license for herb druggist, is qualified as a herb druggist (negative)
A herb druggist recognized by the Pharmaceutical Affairs Act shall be limited to the areas without medical facilities, such as hospitals, or pharmacies in order to solve the unclaimed face value, and shall be deemed to mean a person who has passed an examination for herb druggist conducted by each area to be permitted, and has obtained a license for drug sales from the Mayor of Seoul Special Metropolitan City, the Mayor of Busan Metropolitan City, or the Do Governor. Therefore, if it is impossible to obtain a license for herb druggist of the Do governor, etc., as it is not a qualification for a herb druggist or a person who has passed an examination for herb druggist, it shall not be deemed
Articles 35, 36, and 37 of the Pharmaceutical Affairs Act; Articles 29 and 31 of the Enforcement Decree of the Pharmaceutical Affairs Act; Article 23 of the Enforcement Rule of the Pharmaceutical Affairs Act
Supreme Court Decision 89Nu1452 Decided September 12, 1989
Plaintiff
Do Governor of Gyeongnam-do
Busan High Court Decision 88Gu1622 delivered on March 3, 1989
The judgment below is reversed, and the case is remanded to Busan High Court.
We examine the grounds of appeal.
Article 35(1) of the Pharmaceutical Affairs Act provides that pharmacy founders, drug manufacturers, or exporters or importers other than pharmacy founders, shall not sell or acquire medicines for sales purposes. Paragraph (2) of the same Article provides that those who have obtained a license for herb druggist or drug wholesaler from the Seoul Special President, Busan Mayor, or Do governor under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare may sell medicines, other than pharmacists. According to Articles 36(1) and 37(2) of the same Act, all kinds of licensed herb dealers of medicine sellers are licensed to those who have passed an examination for herb druggist prescribed by the Presidential Decree within the area as prescribed by the Ordinance of the Ministry of Health and Welfare. According to Articles 29 and 31 of the same Act, the Mayor of the Seoul Special Metropolitan City, the Mayor of the Busan Metropolitan City, or the Do governor, when they intend to conduct an examination for herb druggist, shall notify the expected herb druggist and those who are not authorized to obtain a license for each licensed herb druggist, and the Do governor, if he deems it necessary, shall be determined as one or more licensed herb druggist.
The court below's decision that the defendant's application for the issuance of qualification certificate recognized as the plaintiff's herb druggist's qualification was unlawful since the plaintiff applied for the qualification examination for herb druggist's license as part of the measure to eliminate the unclaimed plane, and passed the examination to Ulsan-gun Mari-gun Maul-gun Maul-gun Maul-gun Maul-gun Maul-gun 1975.
Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Yong-dong (Presiding Justice)