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(영문) 대구지방법원 2014.03.28 2013구합2244
약국개설등록불가통보처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 5, 2013, the Plaintiff, as a pharmacist, filed an application for registration of the establishment of a pharmacy (hereinafter “instant application”) with the Defendant to establish a pharmacy on the first floor of the building with the total floor area of 5,214.07 square meters (hereinafter “instant building”) of the first floor and the first floor of the 1st underground floor and the 7th floor on the 5,214.07 square meters (hereinafter “instant building”).

B. On August 8, 2013, the Defendant rejected the instant application (hereinafter “instant disposition”) on the ground that “Although there exists a member, convenience store, and coffee store on the first floor of the instant building, the entire 7th floor above the ground level is a medical institution (C hospital) and the place where a pharmacy is to be established under Article 20(5)2 of the Pharmaceutical Affairs Act is located within the boundary or within the premises of a medical institution” (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1-1 and 2-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the store of this case is located in the south part of the first floor of the building of this case, and the entrance abutting on the south side road of 30 meters wide. The entrance abutting on the south side road is the only passage to the above store, stairs and elevators going up to the second floor of the building of this case are in the north side of the building of this case, and there is no passage to access the building of this case from the inside of the building of this case to the outside side of the building of this case. The store of this case is separate from the medical institution as well as the medical institution users are not likely to recognize the store of this case as within the medical institution or within the premises, and the plaintiff who is the person who is scheduled to establish the pharmacy of this case is an independent entity separate from the medical institution operator, and the store of this case does not constitute "the inside of the facility or within the premises of the medical institution" under Article 20 (5) 2 of the Pharmaceutical Affairs Act.

Therefore, this is applicable.

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