Pharmacist Act Violation Lawyer | Understanding the criminal and administrative tracks together

Pharmacist Act Violation | Why the same conduct triggers two separate proceedings

Most Pharmacist Act cases involve both a criminal case and an administrative case, and it is important to understand that a favorable outcome in one does not automatically carry over to the other.

Criminal liability under the Act

The Pharmacist Act criminalizes acts such as dispensing or selling pharmaceuticals without a pharmacist license, allowing an unlicensed person to operate a pharmacy under your name, and unauthorized compounding or repackaging of drugs (약사법 제93조, 제95조). Penalties can include imprisonment or a fine depending on the specific provision violated. Prosecutors decide whether to indict, issue a summary order, or close the case, and this decision is separate from what the health authority later does.

Administrative sanctions run independently

The Minister of Health and Welfare or the relevant mayor/governor can suspend a pharmacist's license or a pharmacy's business registration based on the same underlying facts, even before the criminal case concludes (약사법 제79조, 제80조). Because the administrative authority applies its own fact-finding process, a criminal acquittal or non-indictment decision does not automatically prevent a suspension - the two processes must generally be addressed separately.

Why timing matters

An administrative disposition can take effect while a criminal appeal is still pending, and a suspension that runs its course before the criminal case is resolved cannot always be reversed later. Responding early to the administrative notice - not just the criminal summons - is often what determines whether the pharmacist can keep operating during the investigation.

Pharmacist Act Violation | The charges that come up most often in practice

The Pharmacist Act covers a wide range of conduct, but a small number of fact patterns account for most of the cases we see.

Unlicensed operation and "nominal lending" (사무장약사)

It is illegal for a non-pharmacist to open or operate a pharmacy using a licensed pharmacist's name, and it is equally illegal for a pharmacist to lend their license for that purpose (약사법 제20조, 제93조). These cases are often triggered by insurance fraud investigations or tax audits that uncover who actually controls the pharmacy's finances, and the pharmacist whose name is on the license can face criminal liability even if they were not the one managing day-to-day operations.

Sale of prescription drugs without a prescription

Dispensing prescription-only medicine without a valid prescription, or selling in quantities inconsistent with a prescription, is a frequent basis for both criminal charges and administrative action (약사법 제23조, 제44조). The specific drug involved matters: cases involving narcotics or psychotropic substances can also trigger separate liability under the Narcotics Control Act, which is typically treated as an aggravating factor.

Illegal online or delivery drug sales

Selling pharmaceuticals through online platforms, social media, or unauthorized delivery arrangements outside the exceptions permitted by law is a growing category of enforcement, particularly for over-the-counter drugs marketed with exaggerated efficacy claims. These cases often combine a Pharmacist Act charge with an advertising violation, since claims about a drug's effect are separately regulated.

Unauthorized compounding or drug substitution

Pharmacists who compound, repackage, or substitute a drug without following the required procedure - for example substituting a generic without the prescribing doctor's consent where required - can face both criminal exposure and a finding of professional misconduct. Whether the substitution was medically justified and whether the patient or doctor was properly notified are usually the central factual disputes.

Pharmacist Act Violation | How suspension and revocation actually get decided

Health authorities generally follow published disposition guidelines, but the actual sanction depends heavily on the specific facts submitted at the hearing stage.

The role of the pre-disposition hearing

Before imposing a suspension or revocation, the authority must generally give the pharmacist an opportunity to submit an opinion or attend a hearing (행정절차법 제22조). This is often the single most important opportunity to present mitigating facts - such as the absence of prior violations, corrective measures already taken, or dispute over the underlying facts - before the disposition becomes final.

Suspension of execution as a practical remedy

If a suspension order has already been issued and an administrative appeal or lawsuit is filed to contest it, it is possible to separately request a stay of execution so the suspension does not take effect while the case is being reviewed (행정소송법 제23조). Without this request, the pharmacist may have to stop operating even if the underlying disposition is later overturned.

Pharmacist Act Violation | From the first contact with authorities to resolution

Pharmacist Act Violation | How fees are structured

※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.

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Frequently Asked Questions

Official References

• Korea Law Information Center — https://www.law.go.kr
• Easy-to-Find Everyday Legal Information — https://easylaw.go.kr
• Korea Legal Aid Corporation — https://www.klac.or.kr
• Ministry of Employment and Labor — https://www.moel.go.kr