(1) However, in order to prevent the sale of drugs by a person who is not a pharmacist from sources, the Defendant, as an employer, was able to move his/her working location, such as E, to a place less than one meter away from the sales unit of drugs, and provide education prohibiting the sale of drugs by a person who is not a pharmacist

At the time, the pharmacist H had E sell drugs in his/her sales location in order to increase his/her sales performance, but in this case, it is unreasonable that the defendant is liable for criminal liability.

② In addition, the crime of this case is a case where an illegal naval investigation that allows a single person to sell drugs to a part of the defendant or E with the intent that the "Pampas" will solely put the defendant or E into an offense.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misunderstanding of facts or misunderstanding of legal principles.

2. Determination

A. The Pharmaceutical Affairs Act stipulates that no person, other than a pharmacist or herb pharmacist, shall establish a pharmacy (Article 20(1) of the Pharmaceutical Affairs Act), and also prohibits sales of drugs by a person, other than a pharmacy founder or a pharmacist or herb pharmacist working for the relevant pharmacy, in principle.

(Article 44(1) main text of the Pharmaceutical Affairs Act. The purpose of the same provision is to ensure that the sale of drugs is likely to affect the national health, so it is inappropriate to place the sale of drugs to the national freedom, and thus, to generally prohibit the sale of drugs and allow the sale of drugs by releasing general prohibition only to pharmacists or herb pharmacists who are qualified through a certain test.

In addition to the language and purpose of these regulations, the right choice and use of medicines are intended.