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(영문) 서울행정법원 2017.02.03 2016구합79885

약국개설등록불가처분취소

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1. The Defendant’s disposition of non-registration of the establishment of a pharmacy rendered to the Plaintiff on October 7, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On September 23, 2016, the Plaintiff, a pharmacist, filed an application for registration of the establishment of a pharmacy with the name of “C pharmacy” (hereinafter “instant pharmacy”) in part of the first floor of the building located in Geumcheon-gu Seoul (hereinafter “instant building”).

B. On October 7, 2016, the Defendant rendered a disposition of non-registration for the establishment of a pharmacy on the ground that “a place where the pharmacy is to be established is located within the facilities of a medical institution” under Article 20(5)2 of the Pharmaceutical Affairs Act (the Defendant revised the grounds for rejection of registration for establishment of a pharmacy and the return of application documents to “a correction of notification of the return of application documents” (C) on October 13, 2016) to the Plaintiff, and that “a place where the pharmacy is to be established is located within the facilities of a medical institution

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry in Gap evidence 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. To make entries in attached Form 1 of relevant Acts and subordinate statutes;

3. Whether the instant disposition is lawful

A. The instant building is owned by E, which is the founder of the “D Hospital” located in the Sungnam-si, Sungnam-si. F leased from E the instant building to the first floor and the second floor and the fifth floor above the ground from among the instant buildings, and obtained permission to establish a medical institution having six specialized departments under the name of “G Hospital” on December 4, 2015, and at the same time, the hospital (hereinafter “instant hospital”).

2) The ground plan of the first floor of the instant building is as shown in the annexed Form 2 “the ground plan of the first floor of the instant building” (hereinafter “the ground plan of the first floor”). Among them, the part for which the application for the establishment registration of the instant pharmacy was filed is H.

3) Among the hallways on the first floor floor floor plan, the instant hospital’s information room is installed in the part indicated as “Image World”, and I (which is marked on the wall direction of the J bank) is attached a photograph of the medical team of the instant hospital.

In the information room above, two hospital employees.