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 is a pharmacist who operates a pharmacy (hereinafter “instant pharmacy”) under the trade name of “C pharmacy” in Kimhae-si, and D is a pharmacist working for the instant pharmacy, and E is an employee of the instant pharmacy without a pharmacist’s license.

B. On November 25, 2014, E sold one “reflost” (hereinafter “instant medicine”) which is an over-the-counter medicine equivalent to KRW 3,500, to customers who had been in the instant pharmacy at around 20:37.

C. The Plaintiff and E were investigated as a criminal fact of violation of the Pharmaceutical Affairs Act that “E, other than pharmacy founders or drug distributors, sold the instant medicine.” The Plaintiff and E were suspended from indictment on January 19, 2015.

On January 26, 2015, the Defendant notified the Plaintiff of the prior disposition that “A disposition of five days of suspension of business is to be taken on the ground of sale of medicines without qualification,” and the Plaintiff presented his opinion that “Around February 2015, the Plaintiff did not sell medicines when no pharmacist exists, and sells all medicines under the pharmaceutical management and direction, and that the instant medicines have been sold under the pharmaceutical management and direction.”

E. However, on February 13, 2015, the Defendant issued a disposition imposing a penalty surcharge of KRW 2850,00 (=570,000 won x 5 days) on the ground that “the instant sales of medicines by an unqualified person constitutes a violation of Article 44(1) of the Pharmaceutical Affairs Act,” pursuant to Articles 76(1)3 and 81(1) of the Pharmaceutical Affairs Act, Article 33 [Attachment 2] of the Enforcement Decree of the Pharmaceutical Affairs Act, and Article 50 [Attachment 3] of the Enforcement Rule of the Pharmaceutical Affairs Act, which is equivalent to five days of business suspension on the part of the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including branch numbers), witness E's witness E's testimony, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 pharmacist is assistant.