1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. On August 22, 2016, the Plaintiff filed an application for registration of the establishment of a pharmacy (hereinafter “instant application”) with the Defendant for the establishment of a pharmacy (hereinafter “instant pharmacy”) under the name of “C pharmacy” on the B and the first floor of Gwangju North-gu, Gwangju.

B. On August 24, 2016, the Defendant notified the Plaintiff of the disposition that the Plaintiff would refuse the instant application on the ground that the place where the Plaintiff intends to establish the instant pharmacy constitutes “the facility or premises of a medical institution” under Article 20(5)2 of the Pharmaceutical Affairs Act.

C. As to this, the Plaintiff presented the opinion that the place where the instant pharmacy is to be established does not fall under the facility or premises of a medical institution. However, on September 5, 2016, the Defendant rendered a disposition against the Plaintiff refusing to register the establishment of the instant pharmacy (hereinafter “instant disposition”).

On the other hand, the building located in Gwangju Northern-gu B (hereinafter “instant building”) in which the Plaintiff intends to establish the instant pharmacy is established, and the current status of the instant building by floor at the time of the instant application is as follows.

The fact that there is no dispute over the 7th floor user's 7th floor hospitalization room, nutrition, 5th floor hospitalization room of a restaurant hospital, 4th floor hospitalization room of a registered nurse hospital, 4th floor hospitalization room of a registered nurse hospital, 4th floor hospitalization room of a registered nurse's 4th floor, 4th floor hospitalization room of a registered nurse's 2nd floor of a registered nurse's 4th floor, and the operation room, recovery room, administrative room, physical treatment room, 1st floor receipt room of a registered hospital, air room, treatment room (2), treatment room, water amount, medical records room, radiation department, d shop, coffee shop d, coffee shop d, coffee shop d, electricity room, and boiler room d hospital [applicable], Gap's 1 through 3, 7, and 11 (including a dial number; hereinafter the same shall apply) respectively, the purport of the entire pleadings, and the purport of the entire

2. Whether the instant disposition is lawful

A. In full view of the following circumstances, the place where the Plaintiff’s ground for disposition 1 is to establish the instant pharmacy is established.