약국개설등록신청반려처분취소
1. Revocation of the first instance judgment.
2. The Defendant’s disposition of rejecting application for the establishment of a pharmacy against the Plaintiff on September 9, 2019.
1. The reasoning for this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance (paragraphs 1, 2-A, 2-B(c). Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act
2. Whether the instant disposition is lawful or not
A. Article 20(2) of the Pharmaceutical Affairs Act provides that a person who intends to establish a pharmacy shall file a registration for establishment with the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. Article 20(5) of the same Act provides that “Where a pharmacy is to be established within the facilities or premises of a medical institution (Article 20(2))” or “where a pharmacy is established by dividing, altering or repairing part of the facilities or site of a medical institution (Article 2
In determining whether a pharmacy is “a facility or premises of a medical institution” or “a place where part of a facility or site of a medical institution is partitioned, altered, or repaired,” which is prohibited under Article 20(5)2 and 3 of the Pharmaceutical Affairs Act, the legislative intent of the above legal provision, which intends to establish a pharmacy in a separate place from a medical institution, should be taken into consideration in addition to the literal meaning of the language and text, in order to make the pharmacy mandatory to provide outpatients for outpatients of a medical institution in accordance with the principle of pharmaceutical distribution business.
(2) The main purpose of the pharmaceutical industry is to prevent a pharmacy from being affiliated with a medical institution or from being affiliated with a pharmacy and a medical institution by sufficiently and functionally separating a pharmacy from a medical institution (see, e.g., Supreme Court Decisions 2003Du12004, Jul. 22, 2004; 2014Du44311, Jul. 22, 2016).