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(영문) 광주지방법원 2017.07.06 2016구합13168
약국개설등록거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 22, 2016, the Plaintiff filed an application for registration of the establishment of a pharmacy with the name of “C pharmacy” (hereinafter “instant pharmacy”) on the first floor of the building in Gwangju Northern-gu, Gwangju (hereinafter “instant pharmacy”).

B. On August 24, 2016, the Defendant notified the Plaintiff of the prior disposition to the effect that the instant application is rejected on the ground that the place where the Plaintiff intends to establish the instant pharmacy constitutes “the case within the facility of a medical institution or within the premises of a medical institution” under Article 20(5)2 of the Pharmaceutical Affairs Act.

C. Although the Plaintiff raised an objection, on September 5, 2016, the Defendant rendered a disposition against the Plaintiff refusing to register the establishment of a pharmacy pursuant to the instant application (hereinafter “instant disposition”). D.

On the other hand, the building located in B of Gwangju Metropolitan City, which applied for the registration of establishment of the pharmacy of this case (hereinafter “the building of this case”) is in operation of the hospital. At the time of the application of this case, the current status of each floor of the building of this case is as follows.

The purpose of the whole pleadings is to enter the 6th floor hospitalization room of the 7th floor user - the 7th floor - the 7th floor - the 7th floor - the 6th floor hospitalization room of the cafeteria, the 5th floor hospitalization room of the cafeteria hospital, the 4th floor hospitalization room of the cafeteria hospital, the 4th floor hospitalization room of the cafeteria hospital, the 2nd floor hospitalization room of the Da hospital, the 4th floor hospitalization room, the 2nd floor hospitalization room of the Da hospital, the administrative room, the first floor receipt room of the Do hospital, the air room, the treatment room, the treatment room, the amount, the medical records room, the radiation department, the toilet, the rest room, the 1st floor parking room of the coffee hospital, the 1,2, 7, and 11 (including each number; hereinafter the same shall apply), the whole oral proceedings.

2. Whether the instant disposition is lawful

A. In light of the following circumstances, the instant pharmacy cannot be deemed within the facility or premises of a medical institution. (A) The instant pharmacy has a glass window, signboard, and entrance towards the roadside or India, and patients at the D hospital.

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