1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff obtained a pharmacist’s license number B, and completed the registration of the establishment of a pharmacy on June 21, 1990, and operated the pharmacy with the trade name “D Pharmacy” (hereinafter “D Pharmacy”) in Gangseo-si from March 27, 2001.

The instant pharmacy falls under the case where a pharmacist prepares medicines in an area where no medical institution exists, as prescribed by Article 23(3)1 of the Pharmaceutical Affairs Act, and is located in the exceptional area for pharmaceutical business where a pharmacist is allowed to prepare medicines without a prescription issued by a doctor or dentist.

B. Upon receipt of a civil petition filed by the Plaintiff to sell drugs on the spot, the Defendant conducted a field inspection of the instant pharmacy on October 27, 2015, and issued a disposition (hereinafter “instant business suspension disposition”) against the Plaintiff on the ground that “the Plaintiff sold drugs at a place other than a pharmacy, prepared a preparation book, and stored and displayed the drugs whose validity has expired for sales purposes,” under Articles 50(1), 30(1), 47(1), and 76 of the Pharmaceutical Affairs Act, and Article 50 [Attachment Table 3] of the Enforcement Rule of the same Act, etc., one month of business suspension (hereinafter “instant business suspension disposition”).

C. On April 8, 2016, the Plaintiff was indicted for violating the Pharmaceutical Affairs Act due to the following criminal facts (hereinafter “instant illegal acts”), etc., and was convicted of having been sentenced to a fine of KRW 18 million by this court. Around that time, the Plaintiff became final and conclusive.

A pharmacy founder or medicine distributor shall be prohibited from selling medicines at any place other than his/her pharmacy or shop.

Defendant (hereinafter “Plaintiff”) uses the fact that a pharmacist who operates a pharmacy located in such an exception area as a pharmacist in the pharmaceutical pharmaceutical sector may prepare and sell medicines without a doctor’s prescription, thereby promoting the preparation of medicines in a DNA pharmacy in good manner with the entrance of customers.