Pharmacist Who Gave Expired Fever Reliever to Customer... Court Rules "Not Guilty"

A pharmacist who handed over expired medication to a customer was prosecuted, but the court acquitted them.

According to Yonhap News Agency on the 28th, Judge Lee Yoonkyu of the Busan District Court Dongbu Branch, Criminal Division 2, delivered a not guilty verdict on the 27th for pharmacist A, who was tried on charges of violating the Pharmaceutical Affairs Act.

Pharmacist A was indicted for providing two packets of fever and pain medication, which had expired eight months earlier, free of charge to a customer at their pharmacy around 9 p.m. on August 12 last year. The current Pharmaceutical Affairs Act prohibits the sale or storage and display for sale of expired pharmaceuticals.

During the trial, A’s side argued that it was a simple mistake, stating, "While sorting out products to be returned, we set aside bundled items, but failed to notice some that were mixed in individually."

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The court accepted this argument. Judge Lee explained, "The procedure for returning products to the pharmaceutical company is simple, and there is no loss even if the products are returned," adding, "Therefore, if the pharmacist had known the medication was expired, there would have been no reason to keep it." He further stated, "It is reasonable to view the remaining medication as simply having been missed during the return process." He also pointed out, "The value of the medication in question is about 500 won, so there is no real benefit to be gained from this."

The court ruled, "Based solely on the evidence submitted by the prosecution, it is difficult to conclude beyond reasonable doubt that the defendant knowingly provided expired medication," and delivered a not guilty verdict.

Meanwhile, it is generally known that the shelf life of medication is one to two years if the packaging is unopened. Manufacturers set the expiration date conservatively, estimating the period during which the medication remains safe and effective. Medication past its expiration date is usually discarded, as its ingredients may break down and its efficacy may decrease.

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