Home > National > Social Affairs

Top court rules pharmacists' right to challenge nearby drug store openings

Published: 11 Sep. 2025, 14:13 Updated: 11 Sep. 2025, 17:42

Unrelated photo of a pharmacy [YONHAP]

In a landmark ruling, the Supreme Court has recognized for the first time that pharmacists may file a lawsuit to challenge government approval for new pharmacies in close proximity.

The Supreme Court overturned a lower court decision on Thursday to dismiss a case filed against the head of the Yeongdeungpo District public health center in western Seoul, and sent the case back to the Seoul High Court for reconsideration.

The court ruled that “the interests of existing pharmacies in receiving a fair share of prescriptions from nearby medical institutions constitute legally protected, individual, direct and concrete interests.”

“A pharmacist whose prescription volume is likely to decline due to the approval of a new pharmacy has legal standing to seek the cancellation of such administrative action.”

A notice saying that Covid-19 self-testing kits are in stock is posted on the door of a pharmacy in Seoul on Sept. 9. [JOONGANG ILBO]

The case stems from the July 2020 approval for a new pharmacy in a unit adjacent to a clinic. A pharmacist running a drug store nearby filed a lawsuit to nullify the decision, arguing that the proximity of the new pharmacy to the clinic violated the Pharmaceutical Affairs Act.

The district court partially sided with the plaintiff, finding that the new pharmacy was “effectively a subdivision of the clinic’s facilities,” and thus in breach of the law. The court recognized the pharmacist's legal standing and ruled partially in their favor.

However, the appeals court dismissed the case, saying the new pharmacy was located in a different building and handled only a small portion of prescriptions from the clinic, thereby denying the plaintiff's standing.

The door of a pharmacy in Jongno District, central Seoul, is covered with posters promoting various products related to weight loss product. [YOON SEUNG-JIN]

The Supreme Court disagreed with the appellate ruling.

“If an existing pharmacy has in fact filled prescriptions from the nearby clinic, it is reasonably foreseeable that a new pharmacy located adjacent to the clinic could reduce those opportunities,” the justices said, ordering the appellate court to reconsider the matter.

The ruling marks the first time the Supreme Court has clarified the legal standing of existing pharmacists in lawsuits challenging new pharmacy approval.

“This decision is significant in that it explicitly recognizes that existing pharmacists have the right to challenge approvals in order to protect their interests in a fair distribution of prescription opportunities,” said a court official.

The ruling is expected to lead to greater consideration of the interests of existing pharmacists in future licensing decisions.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY JEONG JAE-HONG [[email protected]]