The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is a company engaging in the manufacture and distribution of drugs, medical appliances, etc., and the Defendant is a pharmacist who operated a pharmacy in Nam-gu, Gwangju.

B. The Defendant is located in a hospital or a building of “D Council member” and mainly prepared medicine for patients who were issued a prescription by visiting the D Council member.

Article 27 (Preparation of Substitute Medicines) (1) When a pharmacist intends to prepare alternative medicines which are identical in composition, content and dosage to the medicines entered in a prescription slip by a doctor or dentist, he/she shall obtain prior consent of the doctor or dentist who has issued the relevant prescription slip.

(2) Notwithstanding the provisions of paragraph (1), a pharmacist may prepare a substitute drug without obtaining prior consent of the doctor or dentist who has issued the prescription slip in any of the following cases:

1. Where the pharmacist prepares alternative medicine items recognized by the Minister of Food and Drug Safety as having biological equivalence (including medicines that prove their biological equivalence through a medical experiment using no living body because of the need to conduct a medical experiment using a living body or of the impossibility to do so): Provided, That where the doctor or dentist has indicated in the prescription slip that preparation of alternative medicine is not permissible, and has written in detail the clinical reasons, etc. therefor, such alternative medicine items shall be excluded;

2. Where a manufacturer of medicines, as medicines, manufactured by the same manufacturer as those entered in a prescription slip, prepares alternative medicines for the same content as those entered in a prescription slip, but the same quantity as those of other medicines is different: Provided, That the same shall apply only to over-the-counter drugs and to cases where alternative medicines are prepared with special medicines;

3. Drugs entered in a prescription issued by a medical institution located in an area other than a Si/Gun/Gu where a pharmacy is located are not in the list of local prescription drugs in the area where the relevant pharmacy is located, and such pharmacy.