CONTENTS
- 1. The Story of the Client With a Pharmaceutical Affairs Act Violation
- 2. The Details of the Pharmaceutical Affairs Act Violation
- 3. The Defense for the Client With a Pharmaceutical Affairs Act Violation
- - Pharmaceutical Affairs Act Violation Client: "The Ordering and Compounding of the Drugs Took Place Within the Pharmacy"
- - Pharmaceutical Affairs Act Violation Client: "The Patients' Prescribed Drugs Were Special"
- - Pharmaceutical Affairs Act Violation Client: "Received a Non-Prosecution Decision From the Prosecution"
- 4. The Result of the Defense for the Pharmaceutical Affairs Act Violation Client
1. The Story of the Client With a Pharmaceutical Affairs Act Violation
This is the story of a client who sought an attorney, saying he had received an administrative disposition of business suspension on suspicion of a Pharmaceutical Affairs Act violation.
The client was a pharmacist running a pharmacy, and was suspected of a Pharmaceutical Affairs Act violation because, when a patient's prescribed medication was out of stock, he delivered the medication to the patient's home.
Upon learning of this, the head of the public health center sent the client a notice of administrative disposition stating that the pharmacy's business would be suspended.
The client sought an attorney, asking for help in preventing the administrative disposition of business suspension.
2. The Details of the Pharmaceutical Affairs Act Violation
The provision violated by the client, who faced an administrative disposition on suspicion of a Pharmaceutical Affairs Act violation, was as follows.
(1) A pharmacy founder or drug seller shall not sell drugs at any place other than that pharmacy or store. However, this shall not apply where approval has been obtained from the head of the relevant Si/Gun/Gu.
Under the Pharmaceutical Affairs Act, the place where pharmacists may sell drugs is strictly limited. The reason is to prevent the misuse and abuse of drugs and to prevent the possibility of drugs deteriorating or being contaminated during storage and distribution.
3. The Defense for the Client With a Pharmaceutical Affairs Act Violation
For the client who faced an administrative disposition for a Pharmaceutical Affairs Act violation, the attorney mounted the following defense.
Pharmaceutical Affairs Act Violation Client: "The Ordering and Compounding of the Drugs Took Place Within the Pharmacy"
The attorney emphasized that the client, accused of a Pharmaceutical Affairs Act violation, had ordered and compounded the drugs at issue within the pharmacy.
According to Supreme Court Decision 2008Do3423, the series of acts constituting the sale of drugs, such as ordering, compounding, delivery, and medication guidance, or the principal part thereof, must take place within the pharmacy or store, or in a manner that can be regarded as equivalent.
When a patient came to the pharmacy with a prescription and placed an order, the client compounded the drugs immediately, delivered the compounded drugs within the pharmacy, and even provided medication guidance to the patients directly.
The client handed over most of the drugs directly within the pharmacy, but on occasions when stock was insufficient, he took measures such as using ice packs to prevent the drugs from deteriorating before delivering them to the patient.
The client provided this service of delivering some of the drugs only because he felt sorry to have elderly patients visit his pharmacy a second time due to insufficient stock.
Pharmaceutical Affairs Act Violation Client: "The Patients' Prescribed Drugs Were Special"
The attorney emphasized that, for the client accused of a Pharmaceutical Affairs Act violation, the patients' prescribed drugs in this case were special, so stock was insufficient.
The pharmacy run by the client was located in front of a veterans hospital, so most of the patients were persons of national merit and their families, who were financially struggling or elderly.
In addition, the types of drugs required for each prescription were far more varied and special than at other hospitals, so situations of insufficient stock were unavoidable.
The client carried out this drug delivery on several occasions with a sense of mission to provide medical services for persons of national merit.
Pharmaceutical Affairs Act Violation Client: "Received a Non-Prosecution Decision From the Prosecution"
The attorney emphasized that the client, accused of a Pharmaceutical Affairs Act violation, had received a non-prosecution decision from the prosecution on the allegations.
The client had already received a non-prosecution decision from the prosecution, on the ground that it was difficult to recognize the client's conduct as the sale of drugs at a place other than the pharmacy.
On this basis, the attorney requested that, because there was no charge against the client, a decision revoking the administrative disposition should be issued.
4. The Result of the Defense for the Pharmaceutical Affairs Act Violation Client
As a result of the attorney taking up the matter to obtain a decision revoking the administrative disposition for the Pharmaceutical Affairs Act violation client, a decision revoking the administrative disposition imposed on the client was obtained.
A Pharmaceutical Affairs Act violation can lead not only to criminal punishment but also to administrative dispositions such as suspension of a pharmacist's license, so caution is needed.
Even if you are wrongly suspected, it can be difficult to clear the suspicion unless you respond quickly.
If you need assistance with defending against an administrative disposition or criminal punishment in a situation like that of the client in this case, please request a 🔗attorney referral at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
