Supreme Court Confirms Fine for Pharmacist Selling Only Half of Antipyretic Package After Opening It
[Asia Economy Reporter Kim Daehyun] A pharmacist who sold only half of the pills packaged in a paper box has been sentenced to a fine.
On the 1st, the Supreme Court Division 1 (Presiding Justice Kim Seonsu) announced that it upheld the original ruling sentencing pharmacist A, who was indicted for violating the Pharmaceutical Affairs Act, to a fine of 300,000 won.
Last year, A was prosecuted for operating a pharmacy in Seoul and opening the packaging of an antipyretic analgesic to sell only 5 pills. Article 48 of the Pharmaceutical Affairs Act (Prohibition of Opening Sales) stipulates that no one may open the container or packaging of already sealed pharmaceuticals to sell them.
In response, A argued that "I opened the paper box and sold a bundle of 5 pills as is, and since I did not separate the bundle to sell individual pills, it does not violate the Pharmaceutical Affairs Act." In fact, the medicine consisted of two bundles of 5 pills each, totaling 10 pills.
However, the first trial court found A guilty and sentenced him to a fine of 300,000 won. The first trial court stated, "The pharmaceutical container contains important information such as the product name, expiration date, ingredients, usage and dosage, and precautions," and added, "Opening it and selling only one bundle is a violation of the Pharmaceutical Affairs Act." A appealed the verdict, but the second trial court dismissed the appeal.
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The Supreme Court also agreed with this judgment. The court stated, "The lower court did not err in its understanding of the law regarding Article 48 of the Pharmaceutical Affairs Act," and dismissed A's appeal.
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