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(영문) 서울고등법원 2016.04.14 2016나2008624
손해배상(기)
Text

The plaintiff's appeal is dismissed.

All expenses incurred after filing an appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the pertinent part of the judgment of the first instance is modified as stated in the following 2; and (b) it is identical to the reasoning of the judgment of the first instance except to supplement or add the judgment as stated in the following 3. Therefore, it is acceptable in accordance with the main sentence of Article 420

2. Revised parts

(a) To revise the last two parallels to the former Pharmaceutical Affairs Act (amended by Act No. 9932, Jan. 18, 2010; hereinafter the same shall apply)

(b) revise “Ordinance of the Ministry of Health and Welfare” of 1 each week to “Ordinance of the Ministry of Health and Welfare”;

C. The following is added to the fourth 8 pages. The Plaintiff is a product indicated in the separate sheet of drug to be recovered in accordance with the instant disposition (hereinafter “instant drug”).

After the distribution and sale of the instant drug was suspended, the Food and Drug Administration taken measures to seal the instant drug recovered on October 21, 2009 pursuant to Article 71(2) of the former Pharmaceutical Affairs Act, and thereafter all the said drug was discarded. Meanwhile, the Plaintiff suspended the business from July 1, 2009 and closed the business on December 31, 2010.

D. In addition to the issuance of the instant disposition on six (6) acts under four (4) as follows, the amendment of the instant disposition is ordered, and accordingly, the measures taken to seal and seal the instant drug recovered accordingly, thereby making the destruction thereof.

E. As follows, the Defendant is responsible for safely protecting the lives and bodies of the people. To protect the people from harmful substances, the head of the Food and Drug Safety Agency who is a public official belonging to the Defendant (hereinafter “head of the Food and Drug Safety Agency”) has reasonable discretion to take measures to prevent risks to the lives and bodies of the people by conducting management and supervision in health by setting appropriate standards and criteria for drugs and quasi-drugs.

However, March 2009.

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