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Reasons
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(영문) 서울고등법원 2018.09.19 2017누45768
과징금납부명령취소
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1. The Defendant’s order to pay penalty surcharges as specified in attached Form 1(2) against the Plaintiff on March 23, 2017 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s status and current status 1) The Plaintiff is a business operator who manufactures and sells drugs, and the Monopoly Regulation and Fair Trade Act (amended by Act No. 14813, Apr. 18, 2017; hereinafter “Fair Trade Act”).

(2) The general status of the Plaintiff is as indicated below. Article 2 subparag. 1 of the Plaintiff’s business.

(As of the end of 2015, the current status of 71 kind of medicine (the Plaintiff seems to manufacture and sell only prescription drugs among medicine) that the Plaintiff manufactured and sold from January 2008 to August 2014, 2015, is as listed below, and as of September 2016, the Plaintiff sells 58 drugs for each 11 product efficacy group as of September 2016.

Type C, D, E, F, G, H, H, K, K, M, M, N,O, P, Q, S, M, U, V, X, AA, AA, AB, AB, AB, AD, AD, AE, AE, AF, AF, AH, AI, AJ, AP, AmM, AmM, AM, AM, AB, AB, BB, BB1, BB1, BB1, B2010 (Class B10, B27, B16, B16, B15, B16, B16, B205, B16, B16, B14, B2010 (Class 5, 35, B53) and B5, B, B011 (Class B, B16, B14, B16, B16, B16, B16, B25, B16, B10, B16, B14, B3, B10,

B. The current status and current status of the pharmaceutical industry is an industry that develops, manufactures, and distributes drugs, and considering the characteristics of handling drugs directly connected to human life, the state strictly regulates all processes such as product development, clinical trials, authorization and permission, manufacture, distribution, and sales.

Medicines are largely divided into raw materials and complete medicines, and complete medicines are divided into over-the-counter drugs and special medicines.

As of 2014, the domestic pharmaceutical product production size is approximately KRW 16.4,19.4 billion, among which the complete pharmaceutical product production size is KRW 14.2,80.4 billion, and the product production size is the raw material production size.

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