직접생산확인 취소처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a small and medium enterprise engaged in the business of manufacturing furniture. The Defendant is an institution delegated by the Minister of SMEs and Startups with the authority to cancel direct production and to hold hearings pursuant to Article 34(2) of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Development of Market Support (hereinafter “Market Support Act”) and Article 27(1) of the Enforcement Decree of the same Act.
B. From June 10, 2016 to October 6, 2017, the Plaintiff was confirmed by the Defendant as having the validity period of 38 products, including those for work, which are competing products open only to small and medium entrepreneurs, for two years.
C. On August 24, 2016, the Plaintiff entered into a purchase contract under which the Plaintiff (i.e., a C institution and a worker, etc.) intended to supply the products for which the confirmation of direct production was made to each end-user institution (hereinafter “instant contract”), and supplied the said products to each end-user institution in accordance with the said contract.
On January 23, 2018, the C institution requested the Plaintiff to review the revocation of direct production verification on the ground that the Plaintiff purchased and supplied finished products from subordinate companies, such as D (hereinafter “D”) with respect to some of its members, including those for work, supplied by the Plaintiff to each end-user institution under the instant contract, and supplied them to each end-user institution (hereinafter “the instant participants”).
E. On May 21, 2018, the Defendant: (a) investigated the Plaintiff’s direct production; and (b) rendered a disposition to revoke the confirmation of direct production of all products verified by the Plaintiff pursuant to Article 11(2)3, (3) and (5)3 of the Act on the Promotion of Development of Agricultural and Fishing Villages (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, respectively,