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(영문) 부산지방법원 2015.01.09 2014구합2974

업무정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. On September 25, 2009, the Plaintiff, a pharmacist, opened a pharmacy with the trade name of C pharmacy in Seo-gu, Busan (hereinafter “instant pharmacy”), and employed D as a management pharmacist, and had the instant pharmacy managed.

B. On February 20, 2013, the Defendant received a civil petition from a civil petitioner who was named in the name of the Defendant to the effect that “this case’s pharmacy sold reduction drugs, which are over-the-counter drugs, to an employee who is not qualified as a pharmacist, on February 2, 2013.”

On November 26, 2012, the Defendant notified the Plaintiff on April 4, 2013, of the fact that the Plaintiff had been subject to a disposition of imposition of a penalty surcharge of KRW 2.85 million in lieu of the period of business suspension on the grounds that the act of selling medicines by an unqualified person was already subject to a disposition of imposition of a penalty surcharge of KRW 2.85 million in lieu of the period of business suspension, and that the act of violation constituted secondary violation, the Defendant issued a notice to the Plaintiff on April 4, 2013

Accordingly, the Plaintiff requested the Busan District Prosecutors' Office to withhold the administrative disposition on the ground that the relevant criminal case is pending, and the Busan District Prosecutors' Office issued the disposition of suspending prosecution on September 30, 2013 with respect to E who sold drugs at the instant pharmacy, and the disposition of suspending reference to the Plaintiff.

C. Meanwhile, on the other hand, on July 4, 2013 and August 20, 2014, when the civil petition was additionally reported that the instant pharmacy sold drugs to other employees who are not qualified as a pharmacist, the Defendant notified the Plaintiff on January 7, 2014 that he/she would submit his/her opinion on the scheduled disposition of one month of business suspension to the Plaintiff.

Accordingly, the Plaintiff requested the reservation of administrative disposition on the ground that the relevant criminal case is pending.

On August 1, 2014, the Busan District Prosecutors' Office notified the Defendant of the disposition of suspending reference on September 30, 2013 for the Plaintiff's violation of February 2, 2013, and notified the Plaintiff of the disposition of suspending reference on the ground of unknown whereabouts of E. On July 4, 2013 and August 20, 2013 (the act of selling medicines without qualification) on the Plaintiff's violation on August 30, 2014.

(e) this;