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(영문) 서울고등법원 2017.07.06 2017누31516

시정명령및과징금납부명령취소

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff's status is comprised of organizations established by pharmacists for the purpose of promoting common interests, such as the chairperson, the board of representatives, the steering committee (six members), the president, the direct and continuous special organization, the emergency countermeasure committee, and the secretariat.

The general status of the plaintiff is as follows.

(Unit: The term "here: 1,000 won, and as of the end of 2015) membership fees (monthly) as of the date of establishment of an organization (as of the end of 2015) shall be the person in charge of the affairs concerning pharmaceutical affairs (including those concerning herb medication) other than those concerning herb drugs, and the term "here pharmacist" means a person who has obtained a license from the Minister of Health and Welfare for the affairs concerning pharmaceutical affairs in relation to herb and herb medication, and the term "here pharmacist" means a person who has obtained a license from the Minister of Health and Welfare, respectively.

No person, other than a pharmacist or herb pharmacist, shall establish a pharmacy.

As of the end of 2014, a pharmacist has established 19,750 pharmacies with a total of 32,449, and the herb pharmacist has established 547 pharmacies with a total of 2,074.

A pharmacy that opens a herb pharmacist in preparation for all pharmacies is about 2.7%.

Medicines such as preparation and sale of medicines are classified into general medicines and special medicines according to whether medical doctors need prescriptions.

According to the Pharmaceutical Affairs Act, prescription drugs are clearly defined in the Pharmaceutical Affairs Act so that pharmacists and herb pharmacists may prepare drugs within the scope of license, while over-the-counter drugs are stipulated only that pharmacy founders can sell them, and there is no provision that they sell them within the scope of license, and pharmacists or herb pharmacists can establish pharmacies.

With respect to whether the sale of over-the-counter drugs (handling) by a herb pharmacist is illegal, related agencies, such as the Ministry of Health and Welfare or the Ministry of Food and Drug Safety, such as the Ministry of Health and Welfare, should be prior to

or under the present condition that such classification is not premised.

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