1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation of this case is as follows: (a) it is stated in the reasoning of the judgment of the court of first instance except for the statement of the special decision on whether D’s act of selling drugs according to the instant medical prescription constitutes a preparation under the Pharmaceutical Affairs Act; and (b) thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Administrative laws and regulations that serve as the basis for an indivative administrative act of a party shall be strictly construed and applied, and shall not be excessively expanded or analogically interpreted in a direction unfavorable to the other party to such administrative act, and even if such interpretation is not entirely excluded from a teleological interpretation that takes into account the legislative purport, purpose, etc., such interpretation shall not go beyond the ordinary meaning of the text and text (see, e.g., Supreme Court Decision 2011Du3388, Dec. 12, 2013). Meanwhile, Article 2 Subparag. 11 of the Pharmaceutical Affairs Act provides that “The preparation of medicines for the purpose of treating or preventing a specific disease of a specific person pursuant to a specific usage, by mixing two or more drugs according to a specific prescription or dividing one medicine into a certain quantity as it is,” and where the provision is interpreted in accordance with the ordinary meaning of the language and text, the act of selling medicines in a container without mixing two or more drugs or dividing one medicine into a certain quantity.

In the case of preparing medicines, the defendant shall confirm the names, quantities, directions, dosage, etc. of the medicines prescribed by doctors in the case of suspected suspicions of the names, quantities, usage, dosage, etc. of the medicines, and make guidance for taking medicines to the patients without following such procedures. As to the selling act of the medicines of this case, the preparation fees from the National Health Insurance Corporation shall be applied.