Attorney Hanbyol Law LLC warns that raising external funds to establish a warehouse-style pharmacy could pose the risk of “a non-pharmacist opening a pharmacy” (“manager-run pharmacy”) under the Pharmacy Act. Citing a Supreme Court ruling, they explain that “procurement of necessary funds” is a key indicator in determining the initiative behind the establishment; if the fund provider effectively controls the facilities, personnel, operations, or performance, or if the pharmacist hands over their bank accounts, cards, or certificates—thereby losing control—the arrangement may be deemed unlawful.

Hanbyol points out that while simple consumer loans are generally permitted, investments involving operational participation or profit-sharing carry a high risk of being classified as “pharmacies operated by non-pharmacists.” It emphasizes that violations may result in administrative and civil penalties, such as criminal prosecution, recovery of medical benefit costs, and collection of unjust enrichment, and recommends clearly defining the nature of the funds in the contract, ensuring that the pharmacist retains operational control and control over accounts, and avoiding profit-sharing and benefit-sharing structures. It is recommended to seek a preliminary legal review if necessary.