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S. Korea seeks to allow pre-approval drug sales pending law change

South Korea’s Ministry of Food and Drug Safety announced that it will pursue an amendment to the Pharmaceutical Affairs Act to allow the market sale of pharmaceuticals manufactured before obtaining final regulatory approval, as reported by dailypharm.com. The…

S. Korea seeks to allow pre-approval drug sales pending law change

South Korea’s Ministry of Food and Drug Safety announced that it will pursue an amendment to the Pharmaceutical Affairs Act to allow the market sale of pharmaceuticals manufactured before obtaining final regulatory approval, as reported by dailypharm.com. The initiative aims to align domestic biotechnology regulations with competitive international standards, provided manufacturers comply with Good Manufacturing Practices and complete process validation.

Regulatory Revision Forces Delay in Implementation

The Ministry of Food and Drug Safety stated that amending the Pharmaceutical Affairs Act is necessary for the stable implementation of the new policy, according to dailypharm.com. While government officials intend to fast-track the legislative process, physical procedural requirements make implementation within the current calendar year virtually impossible. Officials confirmed that the policy cannot be applied proactively before the statute officially changes.

The legislative roadmap requires drafting a bill, gathering public feedback, undergoing regulatory and Ministry of Government Legislation reviews, and securing approval from the cabinet and the National Assembly. Consequently, commercial distribution of pre-approval manufacturing batches remains blocked under current legal standards until the revision passes the National Assembly and takes effect.

Discrepancies Between Government Briefing and Official Documentation

While simultaneous cross-governmental deregulation materials contained explicit implementation timelines and target dates, the ministry’s standalone press release omitted specific schedules for the pre-approval sales policy. Representatives from the responsible regulatory bureau failed to provide a definitive launch date during the initial announcement, creating confusion across the sector.

Under current rules, pharmaceutical companies must still discard completed validation batches worth hundreds of millions to billions of won while awaiting legislative action.

“Due to the procedural hurdle of amending the Pharmaceutical Affairs Act and the rule against preemptive application, the deregulation announcement yields virtually no immediate, tangible changes in the field. We urgently need realistic stopgap measures to minimize production bottlenecks and disposal losses during this legislative vacuum.”

About the author: Marcus Liu - Business Editor

MBA and ex‑B bureau chief specializing in global finance and fintech. Marcus speaks Mandarin, Japanese, and English, and has interviewed CEOs from the Fortune 50 to Y‑Combinator unicorns. Marcus Liu delivers sharp analysis on markets, startups, and corporate strategy for investors and entrepreneurs alike.