1. The plaintiff's claim is dismissed.

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

Details of the disposition

On March 6, 2018, the Plaintiff, a pharmacist, filed an application for registration of the establishment of a pharmacy with the name of “C pharmacy” (hereinafter referred to as “instant pharmacy”) with the Defendant on the part of a store (hereinafter referred to as “instant store”) of 49.5 square meters, which is part of the 1st floor of the building located in Namyang-si, Namdong-si (hereinafter referred to as “instant building”).

On March 14, 2018, the Defendant rendered a disposition to the Plaintiff that the establishment of a pharmacy is not registered pursuant to Article 20(5)2 of the Pharmaceutical Affairs Act (hereinafter “instant disposition”) pursuant to the provision that “if a place where the Plaintiff intends to establish a pharmacy is located within the facilities or premises of a medical institution, the establishment of the pharmacy shall not be registered.”

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire argument of the disposition of this case is legitimate, and some of the first floor of the building of this case and "D Hospital" (hereinafter "D Hospital") are operated on the 2 through 10th floor of the building of this case, but the part of the building of this case is not only leased and used as a whole, but also a part of the building of the building of this case, and the hospital's clinic, receipt and receipt department are located on the 2nd floor. On the 1st floor of the building of this case where patients visit the hospital of this case, coffee specialty, convenience store, and convenience store are located outside the hospital of this case, and the building owner of this case operates "E" and separate signboard is attached to the outer wall of the building of this case. The store of this case is not only different from the entrance of the hospital of this case, but also has structurally separated from the door of the building of this case, and there is no possibility that the store of this case may exercise any personal influence between the hospital and the plaintiff of this case.