(a) Whether raw drugs listed in the Korean Pharmacopoeia are included in medicines under the Pharmaceutical Affairs Act, if they are used as part of the materials of medicines;

(b) Whether the "place owner" is a drug under the Pharmaceutical Affairs Act;

A. As raw drugs listed in the Korean Pharmacopoeia have been used as a part of the pharmaceutical materials, it cannot be readily concluded that the pharmaceutical products are manufactured in light of the contents of the Korean Pharmacopoeia. Determination of whether the pharmaceutical products are manufactured should be made by taking into account all the circumstances, such as the method, ingredients and content, efficacy, efficacy, purpose of use, external appearance, interference with the society, etc.

B. The place of a cause of universal communication shall not be considered as a medicine under Article 2(4) of the Pharmaceutical Affairs Act.

(a)Article 2(4) of the Pharmaceutical Affairs Act;

Defendant

Prosecutor

Attorney Song Jin-jin, Shin Jae-chul

Seoul High Court Decision 83No1233 delivered on April 11, 1985

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to the judgment of the court of first instance maintained by the court below and the court below, since Article 2 (4) of the Pharmaceutical Affairs Act provides that "pharmaceuticals are listed in the Korean Pharmacopoeia and are used for the purpose of diagnosis, treatment, mitigation, treatment or prevention of diseases of people or animals, ③ the structure and function of human beings or animals are used for the purpose of exerting pharmacological influence, and it cannot be readily concluded that raw materials listed in the Korean Pharmacopoeia are used as part of the Korean Pharmacopoeia in light of the content of the Korean Pharmacopoeia, and it cannot be said that the manufacturing materials are used as part of the Korean Pharmacopoeia, and it should be determined whether they are medicines by considering all the circumstances such as methods, ingredients and contents, efficacy, external purpose of use, and interference with the Constitution, and thus, it cannot be seen that it can be seen that the new efficacy and efficacy of the Korean Pharmaceutical Affairs Act is more easily recognized, and it can be seen that the new efficacy and efficacy of the Korean Pharmacopoeia are used for the purpose of removing the new efficacy and efficacy of the Korean Pharmacopoeia.

In light of the records, the above fact-finding and judgment of the court below are all acceptable, and there is no error of law by misunderstanding the legal principles of the Pharmaceutical Affairs Act, such as the theory of lawsuit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jong-soo (Presiding Justice)