약국등록사항 변경등록신청 거부처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From November 16, 2009, the Plaintiff, as a pharmacist, entered into a lease contract with the lease deposit of KRW 15 million, monthly rent of KRW 80,000,000, and KRW 24 months on March 10, 2014, for the purpose of moving the above pharmacy while opening and operating a pharmacy in a trade name, the Plaintiff changed the above pharmacy’s location to the location of the instant application. On November 16, 2013, the Plaintiff applied for change of the pharmacy’s location on March 10, 2014
(hereinafter “instant application”). (b)
On March 12, 2014, the Defendant rendered a disposition to reject an application for change of registered matters of a pharmacy pursuant to Article 20(5)4 of the Pharmaceutical Affairs Act (hereinafter “instant disposition”) on the ground that the instant application place and medical institution had a passage, such as an exclusive corridor, stairs, elevator or footbridge, between the relevant medical institution and the relevant medical institution.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 2, gist of whole pleadings]
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) Even if a pharmacy is established at the place of the instant application, the passage, such as corridor and stairs, installed on the second floor of the instant commercial building does not correspond to the passage, such as exclusive corridor and stairs, between the medical institution and the pharmacy. 2) Although the Defendant was registered for the establishment of a pharmacy on the second floor of the instant commercial building at the time when the place and condition of the instant application were similar to that of the instant application, refusal of registration only to the Plaintiff is against the principle of equity.
(b) as shown in the attached Form of the relevant statutes;
(c)The following facts are found either in dispute between the Parties or in full view of the purport of the entire pleadings in each description or image of Gap evidence Nos. 3, 4, 14, and Eul evidence Nos. 2, 3, 15, and 16 (the proof number shall include the number; hereinafter the same shall apply):