[1] Criteria for determining whether a drug constitutes herb drugs

[2] The case affirming the judgment of the court below which held that the gold Ginseng's special products constitute "pharmaceuticals"

[1] Whether a medicine constitutes a medicine shall be defined as a medicine subject to regulation under the Pharmaceutical Affairs Act, in cases where it is recognized as being used for the above purpose or claimed as having medicinal effects, except for those recognized as an agricultural product or food, etc. when considering a comprehensive determination of the component, shape (container, package, package, design, etc.), name and purpose of use indicated, efficacy, effect, usage, dosage, volume, publicity or explanation at the time of sale, etc.

[2] The case affirming the judgment of the court below that the gold ginseng's first-aid products constitute "pharmaceuticals" under Article 2 of the Pharmaceutical Affairs Act

[1] Article 2 (4) and (5) of the Pharmaceutical Affairs Act / [2] Article 2 (4) and (5), Article 35 (2), and Article 74 (1) 2 of the Pharmaceutical Affairs Act

[1] Supreme Court Decision 84Do2892 delivered on March 12, 1985 (Gong1985, 582), Supreme Court Decision 90Do1236 delivered on October 16, 1990 (Gong1990, 2346) Supreme Court Decision 95Do717 delivered on August 25, 1995 (Gong195Ha, 3310), Supreme Court Decision 95Do587 delivered on September 15, 1995 (Gong195Ha, 3476), Supreme Court Decision 95Do1635 delivered on February 9, 196 (Gong196, 108)

Defendant

Defendant

Attorney Park Jong-sik

Seoul District Court Decision 96No2730 delivered on July 2, 1996

The appeal is dismissed.

We examine the grounds of appeal.

Pursuant to the provisions of Article 2 (4) and (5) of the Pharmaceutical Affairs Act, the term "pharmaceuticals" includes all the concepts that are used for the purpose of the diagnosis, treatment, mitigation, treatment or prevention of diseases of human beings or animals except those listed in the Korean Pharmacopoeia under Article 2 (4) 1 of the Pharmaceutical Affairs Act and that are used for the purpose of the diagnosis, treatment, treatment or prevention of diseases of human beings or animals or for the purpose of exerting pharmacological influence on the structure and functions of human beings or animals (excluding machinery, apparatus, cosmetics). Oriental medicine is recovered from animals, plants, or minerals and mainly dried, cut off, or refined in its original form. The determination of whether it falls under the above medicinal drugs is subject to regulation of the Pharmaceutical Affairs Act (see Supreme Court Decision 196Do5396, May 16, 1996).

The court below held that some of the drug materials were cultivated by the defendant and most of the above drug materials purchased from the 13th anniversary of their dwelling place, and manufactured them with three workers equipped with low gals and net frys, etc. on the 13th anniversary of their dwelling place. The kinds of drug materials contained therein are basically different depending on the ingredients of the drug, and the composition of such materials were basically different from the 1stmags, fry, gym, gym, gym, gym, gym, gym, and gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym.

Therefore, the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Don-hee (Presiding Justice)