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(영문) 광주고등법원(전주) 2019.08.21 2019누1161

약국개설등록 신청 반려처분 취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the portion of 6th to 11th 7th Hun-Ba on the grounds of the judgment of first instance as follows. As such, the first instance court shall cite the judgment in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. In full view of the following circumstances, the building of this case is difficult to be deemed to have been sufficiently and functionally independent from the hospital of this case, and thus, the application for registration of establishment of pharmacy in this case constitutes “a case where a medical institution intends to establish part of its facilities or site for a medical institution in installments” as provided in Article 20(5)3 of the Pharmaceutical Affairs Act (Article 8(2) of the same Act or Article 420 of the same Act (amended by Act No. 6151, Aug. 14, 201).