The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Article 20(2) of the Pharmaceutical Affairs Act provides that a person who intends to establish a pharmacy shall register the establishment of the pharmacy with the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. Meanwhile, Article 20(5)2 of the same Act provides that the establishment of the pharmacy shall not be registered.

In determining whether a place where a pharmacy is to be established falls under “the inside of facilities or premises of a medical institution” prohibited under Article 20(5)2 of the Pharmaceutical Affairs Act, the legislative intent of the above legal provision should be taken into consideration, in addition to the literal meaning of the language and text, to ensure that a pharmacy is placed in an independent place from a medical institution in spatial and functional aspect, in order to impose an obligation to prepare extra-pharmaceutical drugs for outpatients of a medical institution

(2) The main purpose of pharmaceutical business is to ensure that a pharmacy is subordinate to a medical institution or to prevent collusion between a pharmacy and a medical institution by separating a pharmacy from a medical institution in spatial and functional aspect, and that a pharmacy is not an independent part of the building of a medical institution. In light of the fact that a pharmacy’s establishment of a pharmacy is not an independent part of the building of a medical institution, the determination shall be made depending on whether the relevant pharmacy is located within the facility or premises of the medical institution based on the specific individual medical institution, as to whether the relevant pharmacy is located within the facility or premises of the medical institution.

(See Supreme Court Decision 2014Du1178 Decided May 11, 2018). 2. A.

The lower court, citing the reasoning of the first instance judgment, acknowledged the facts as indicated in its reasoning, and, based on the following circumstances, found the establishment of the instant pharmacy independent of the instant hospital and spatial function.