1. The Defendant’s disposition not to grant the establishment registration of a pharmacy to the Plaintiff on November 29, 2016 is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. On November 25, 2016, the Plaintiff, as a pharmacist, filed an application for registration of the establishment of a pharmacy with the Defendant to establish a pharmacy in Ulsan Building C (attached Form 2) with the first floor of 103 (hereinafter “instant building”) (hereinafter “instant store”).

B. On November 29, 2016, the Defendant rejected the Plaintiff’s application based on Article 20(5)2 and 3 of the Pharmaceutical Affairs Act (hereinafter “instant disposition”) on the ground that the instant store falls under the facility or premises of a medical institution, and constitutes a case where a pharmacy is established by dividing and altering part of the medical institution facilities or premises.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant building is the E Hospital owned by D (hereinafter “instant hospital”).

(2) The building of this case is completely separated from the building and does not belong to the site and facility of the medical institution reported by the said foundation. Moreover, the building of this case has an entrance separate from the main office of the instant hospital. Therefore, the building of this case cannot be deemed to be “within the facilities or premises of the medical institution” as prescribed by Article 20(5)2 of the Pharmaceutical Affairs Act. 2) In light of the developments leading up to the establishment of the instant hospital, the developments leading up to the construction of the instant building, the details leading up to the subdivision of the instant building, and the particulars leading up to the subdivision of the F land in Ulsan-gu, Ulsan.

In this case, it is not necessary to expand and interpret the literal meaning of Article 20(5)3 of the Pharmaceutical Affairs Act in light of the time, spatial distance and possibility of collusion between a medical institution and the establishment of a pharmacy.

Therefore, the establishment of a pharmacy in the instant store is called as “the establishment of a pharmacy by dividing, altering or repairing part of the facilities or site of a medical institution” under Article 20(5)3 of the Pharmaceutical Affairs Act.