2. The costs of lawsuit shall be borne by the Plaintiff.

Around 16:00 on December 13, 2016, the Defendant issued a disposition of suspension of business for one month pursuant to Article 76(1) of the Pharmaceutical Affairs Act (hereinafter “instant disposition”) to the Plaintiff on October 16, 2017, on the ground that the Defendant, at the instant pharmacy, prepared drugs by an employee who is not a pharmacist, and violated Article 23(1) of the Pharmaceutical Affairs Act.

[Grounds for recognition] The entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. According to Article 69(4) of the Pharmaceutical Affairs Act, Article 17(1) main sentence of the Framework Act on Administrative Investigations, the Defendant, when entering a pharmacy and making inquiries, shall notify the subject of the instant disposition by no later than seven days prior to the time he/she intends to inspect or ask questions. However, the Defendant, without any prior notice, visited the instant pharmacy on December 13, 2016, and issued the instant disposition based on it, the instant disposition was unlawful as it was based on the unlawful procedure. As such, the instant disposition was conducted on the ground that the instant disposition was unlawful. (2) The non-existence of the grounds for disposition was an employee of the instant pharmacy was merely a mere mechanical act of inserting drugs listed in the medical prescription under the Plaintiff’s instruction and supervision, and such employee’s act is deemed to be a preparation of the Plaintiff’s pharmaceutical drugs. Therefore, the instant disposition was unlawful since such employee’s act constitutes a pharmaceutical pharmacist’s pharmaceutical drugs.

3) Article 50 [Attachment 3] of the Enforcement Rule of the Pharmaceutical Affairs Act that violates the principle of proportionality provides that the disposition may be reduced or exempted in cases deemed necessary for national health, supply of demand and other public interests. The Defendant is the instant pharmacy.