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(영문) 창원지방법원 2015.07.14 2015구합361
업무정지10일에갈음한 과징금부과처분취소
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1. The Defendant’s imposition of a penalty surcharge of KRW 5.7 million against the Plaintiff on January 28, 2015 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a pharmacist who operates a pharmacy with the trade name “C pharmacy” on the first floor of the building B of Changwon-si, Changwon-si (hereinafter “instant pharmacy”), and D works as an employee at the instant pharmacy.

B. On November 25, 2014, D sold to customers, whose name the instant pharmacy was found is not known, one disease in the beeuta ampy, one part of the life batum, one part of the life batum, and one b,00 won of the b,00 won of the b,00 won of the b,00 general medicine (hereinafter collectively referred to as “the instant medicine”).

C. On January 28, 2015, the Defendant, a pharmacy founder, issued a disposition imposing a penalty surcharge of KRW 5.7 million in lieu of the business suspension period (hereinafter “instant disposition”), on the ground that “D, who is not entitled to sell the instant drug, sold the instant drug” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion D, at the time of selling the instant drug, ordered the Plaintiff to keep the instant drug back and sell the instant drug. Thus, the instant disposition made on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The facts that D directly sold the instant medicine to customers are as seen earlier, and the aforementioned evidence and the statements or images of Eul’s evidence Nos. 2 through 7 (including the number of pages; hereinafter the same shall apply) are as follows.

In full view of the overall purport of the pleadings and the purport of the oral argument, D’s statement that the customer read “D’s customer is able to know, ............” D’s statement to the customer that “one time .............. at the same time....” At the time of selling the instant medicine, D’s statement to the customer that visited the pharmacy on November 25, 2014, and the Plaintiff visited the pharmacy on November 25, 2014 without a pharmacist’s instruction.

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