(b) Regional scope of license for herb druggist; and

C. Whether Article 37(2) of the Pharmaceutical Affairs Act that limits the regional scope of the license for herb druggist is unconstitutional (negative)

B. In full view of the provisions of Articles 35 and 37(2) of the Pharmaceutical Affairs Act, Articles 29, 30(1)5, and 31(1) of the Enforcement Decree of the same Act, and Articles 21(1)2, 23, and 24(2) of the former Enforcement Decree of the Pharmaceutical Affairs Act (amended by the Bolith Ordinance No. 737 of Dec. 30, 1983), the qualifications of herb druggists may be granted to those who have passed the qualifying examination determined by the area to be permitted from the beginning, only one herb druggist may be granted to those who have passed the qualifying examination determined by the scheduled area to be permitted. General hospitals, hospitals, clinics, oriental medical hospitals, oriental medical hospitals, pharmacies, pharmacies, or their branch offices, and where it is deemed necessary for the adjustment of supply and demand, or for the public interest, the herb druggist’s business offices may be transferred only to other Myeon having jurisdiction over the original jurisdiction of the Do governor, and shall not be permitted to move out their jurisdiction or jurisdiction.

C. The license of a herb druggist only in a certain area, such as that of the preceding paragraph, is infinite in order to achieve the public interest of maintaining and improving national health, and the examination of a herb druggist is determined and administered from the beginning to the beginning, and the applicant was well aware of such circumstances. Thus, Article 37(2) of the Pharmaceutical Affairs Act cannot be deemed as violating the principle of equality under Article 11 of the Constitution.

The costs of appeal are assessed against the plaintiff.

The court below determined that Article 24 of the Enforcement Rule of the Pharmaceutical Affairs Act, which is the basis for the permission for the transfer of a herb druggist's place of business, is based on Article 35 (3) and Article 37 (2) of the same Act, according to the reasoning of reversal revealed in the judgment of remand of party members, and Article 5 (17) of the Seoul Special Metropolitan City Ordinance on the Delegation of Administrative Authority is based on Article 5-2 of the Provisional Measures for Local Autonomy and Article 5 (2) of the same Ordinance is delegated to the director of the public health clinic with the authority to grant permission for the transfer of a herb druggist's place of business, and the right to grant permission for the transfer of a herb druggist's place of business is legally delegated to the director of the public

In full view of the provisions of Articles 35 and 37(2) of the Pharmaceutical Affairs Act, Articles 29, 30(1)5, and 31(1) of the Enforcement Decree of the same Act, and Articles 21(1)2, 23, and 24(2) of the former Enforcement Decree of the Pharmaceutical Affairs Act (amended by Boli Ordinance No. 737 of December 30, 1983), the qualifications for herb druggists may be granted to those who have passed the qualifying examination determined in a prospective area for business license from the beginning, only one herb druggist may be granted to those who have passed the qualifying examination determined in a prospective area for business license from the beginning, and general hospitals, hospitals, clinics, oriental medical hospitals, oriental medical hospitals, pharmacies, pharmacies, or their branch offices are deemed necessary for the adjustment of supply and demand, or for other public interest. A herb druggist's business office may only be transferred to another Myeon having jurisdiction over the original jurisdiction of the Do governor, and it shall not be permitted to move outside the jurisdiction of the Mayor of Seoul Special Metropolitan City, etc.

Article 2 of the Addenda of the above Enforcement Rule, amended by the Ordinance of the Ministry of Health and Welfare No. 737 of December 30, 1983, only stipulates that a person who passed the herb druggist examination conducted prior to the enforcement of these Rules shall be subject to the previous provisions, notwithstanding the amended provisions of Article 23, and therefore, it is not a ground for allowing the transfer of the provisions to another Do or the Seoul Metropolitan Government's business office in terms

In the above opinion, the court below was justified in holding that each rejection disposition of the defendants in this case is legitimate, and there is no error of law in the misapprehension of statutes as alleged.

In addition, under the relevant provisions, the Pharmaceutical Affairs Act provides that a graduate of a college specializing in medicine and pharmacy may, in principle, register a bachelor's degree in a literature delivery, pass a national examination for pharmacists, and allow only a person who has obtained a pharmacist's license to open and sell a pharmacy. However, under Article 37 (2) of the Pharmaceutical Affairs Act, Article 37 (2) of the same Act exceptionally provides that a license may be granted to a person who passed the herb druggist examination only within an area prescribed by the Ordinance of the Ministry of Health and Welfare (Article 23 of the Enforcement Rule of the Pharmaceutical Affairs Act, limited to a area where no medical benefits can be received at all due to the absence of a general hospital, hospital, hospital, oriental medical hospital, oriental medical hospital, pharmacy, pharmacy, or public health clinic) so that he/she can mixed and sell herb drugs to a person who passed the herb druggist examination. As seen above, granting a license only to a certain area is inevitable to achieve the public interest purpose of maintaining and improving national health, and as seen earlier, the examination of herb druggist has been well aware of such circumstances.

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.

Justices Ansan-man (Presiding Justice)