업무정지처분취소
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From July 25, 1975, the Plaintiff is a pharmacist who establishes and operates a “C pharmacy” (hereinafter “C pharmacy”).
B. D, an employee of the instant pharmacy on September 25, 2014, sold gel 1 A and gel 1, respectively to customers who visited the instant pharmacy on September 25, 2014, and to customers who visited the instant pharmacy on November 7, 201 of the same year, gel 1 A and gel gel 1 (hereinafter collectively referred to as “instant drug”).
C. On January 15, 2015, the Defendant notified the Plaintiff on the ground that D, an employee of the instant pharmacy, sold the instant medicine, which is an over-the-counter medicine, to submit his opinion on the scheduled business suspension date of April 15, 2015.
Accordingly, the Plaintiff requested that the administrative disposition be suspended on the ground that the relevant criminal case is pending, and the prosecutor of the Office of Government Prosecutors' Office in the relevant criminal case issued a disposition of suspending prosecution against D on September 25, 2015 to D on the violation of the Pharmaceutical Affairs Act as of September 25, 2014, and issued a disposition of violating the Pharmaceutical Affairs Act as of November 7, 2014. At the time, the Plaintiff’s violation of the Pharmaceutical Affairs Act as of September 25, 2014 and the violation of the Pharmaceutical Affairs Act as of November 7, 2014 against the Plaintiff’s son who managed the instant pharmacy at the time.
Accordingly, on April 29, 2015, the Defendant issued a disposition of two-month business suspension under Articles 44(1) and 76 of the former Pharmaceutical Affairs Act (amended by Act No. 1314, Jan. 28, 2015; hereinafter “former Pharmaceutical Affairs Act”) on the ground that the Plaintiff’s employee D, who is not a founder, sold the instant drug to customers on September 25, 2014 and November 7, 2015 (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 13 include numbers, below.