A. The meaning of "manufacturing cosmetics" under Article 26 (1) of the Pharmaceutical Affairs Act

(b) Whether the act of subdividing materials which are raw materials of cosmetics and making them into goods recognized as cosmetics in light of the general public constitutes subdivision of cosmetics under Article 26 (1) of the Pharmaceutical Affairs Act (negative);

(c) Whether the act of selling scoo eggs, which is a raw material of cosmetics, as a product description, together with a product description that contains the effect of cremation in the containers of cosmetics constitutes an act of manufacturing cosmetics under Article 26 (1) of the Pharmaceutical Affairs Act (affirmative)

A. In light of the legislative intent of Article 26 (1) of the Pharmaceutical Affairs Act, the term "manufacture of cosmetics", which is subject to permission pursuant to the above Act, means all acts of producing cosmetics by comprehensively considering the ingredients, shapes (containers, packages, designs, etc.), names of the cosmetics regardless of their efficacy, and the purpose of use, efficacy and effects of labeling, usage, dosages, capacity, publicity or explanation at the time of sale, etc., regardless of their efficacy. It is reasonable to interpret that the term "manufacture of cosmetics" means all acts of producing the cosmetics that are perceived as cosmetics or claimed as having efficacy as cosmetics under Article 2 (8) of the same Act, and it is not necessarily deemed that the manufacture of cosmetics is done by changing or refining the raw materials of cosmetics by the chemical method or by processing the cosmetics already manufactured or its raw materials by mixing them.

B. "Subdivision of cosmetics" under Article 26 (1) of the Pharmaceutical Affairs Act means dividing the already manufactured cosmetics from the original container to the small quantity in compliance with the general demand, and putting them in a new container. Thus, it should be deemed that it is not the act of subdivision of cosmetics but the act of manufacturing cosmetics.

C. The act of selling scoo eggs used as raw materials for cosmetics by packing scoo eggs in the cosmetic rink together with product specifications, such as that the scoo eggs contains moisture, beauty, and protection effect of the scoo eggs in the form of cosmetics, constitutes the act of manufacturing cosmetics under Article 26(1) of the Pharmaceutical Affairs Act.

Article 3 (1) 1 of the Act on Special Measures for the Control of Public Health Crimes, Article 26 (1) of the Pharmaceutical Affairs Act

A. Supreme Court Decision 84Do2892 delivered on March 12, 1985 (Gong1985,582) 90Do1236 delivered on October 16, 1990 (Gong190,2346)

Defendant 1 and two others

Prosecutor

Attorney Suh Chang-joon et al.

Seoul High Court Decision 90No1139 delivered on July 20, 1990

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

(1) On May 10, 1989, the lower court: (a) purchased 170 kilograms of Switzerland, which is a substance extracted from the upper cosmetic, from Non-indicted steel water; and (b) made the Defendants’ purchase of so-called cosmetic 170 kilograms by using injection equipment at the source distribution office located in 10-5, Seoul Special Metropolitan City from the same month to June 2, 193; and (c) made the Defendants’ purchase of the above cosmetic 130 liter and 60 liter of the above cosmetic 130 liter’s raw materials containing the above cosmetic 130 liter’s glass disease; and (d) made the Defendants’ purchase of the above cosmetic 170 moo cuber’s chemical substance containing the above cosmetic 130 moo cuber’s chemical substance substance substance content without any permission; and (d) made the instant cosmetic 60 mick 130 moo 130 moo.

(2) However, Article 26 (1) of the Pharmaceutical Affairs Act provides that a person who intends to conduct manufacturing or subdivision business of drugs, non-pharmaceutical drugs, cosmetics, medical appliances, or sanitary supplies (hereinafter referred to as "drugs, etc.") shall obtain permission for manufacturing and marketing of medicines, etc. from the head of a public and social department by type of business or factory under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare, and the purport of which permission for manufacturing business of cosmetics is permitted is to prevent harm to public health and sanitation by imposing strict regulations on manufacturers in order to ensure the quality, efficacy, and safety of cosmetics. Thus, in light of the legislative purport of the Pharmaceutical Affairs Act, the term "manufacturing of cosmetics", which is subject to permission under the above Act, is to be construed as having been made through the combination of cosmetics, regardless of its efficacy as actual cosmetics, and it is not always deemed that the act of manufacturing materials such as ingredients, containers, packages, etc., name marked, efficacy, efficacy, size, publicity or sale of cosmetics, or the act of manufacturing cosmetics as prescribed by the Pharmaceutical Affairs Act.

In addition, Article 26 (1) of the Pharmaceutical Affairs Act separates the manufacture and subdivision of cosmetics. The concept of the manufacture of cosmetics is interpreted not to include the subdivision of cosmetics. Since the term "Subdivision of cosmetics" means dividing the already manufactured cosmetics from the original container to the quantity in bulk, in compliance with the general demand, and then putting them in a new container. Thus, it shall be deemed to be not the act of subdivision of cosmetics, but the act of manufacturing cosmetics.

(3) If the meaning of the manufacture of cosmetics under Article 26 (1) of the Pharmaceutical Affairs Act is interpreted as above, the court below did not examine this issue, but did not err in the misapprehension of legal principles as to Article 16 of the Pharmaceutical Affairs Act by failing to exhaust all necessary deliberations on the following grounds: (a) 60 milliliterss and 130 milliliterss who ordered the manufacture of cosmetics to purchase 170 kilograms of scoo eggs used as the raw materials of cosmetics (the records reveal that the above scoo eggs contained in the scoo box at the time of purchase) by dividing them into free disease; and (b) 60 milliliterss and 130 milliliterss who ordered the sale of cosmetics into cosmetics; and (c) it appears that the above scoo eggs constitutes the manufacturing of cosmetics; and (d) the Defendants, who sold cosmetics as the raw materials of cosmetics, did not constitute an act of manufacturing cosmetics; and (d) the court below did not err in the misapprehension of legal principles as to Article 26 of the Pharmaceutical Affairs Act.

(4) Therefore, the lower judgment is reversed and the case is remanded to the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Yong-dong (Presiding Justice)