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(영문) 서울행정법원 2018.04.20 2017구합79752

직접생산확인취소처분 취소의 소

Text

1. The Defendant’s revocation of direct production verification issued to the Plaintiff on December 21, 2016 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a small and medium enterprise under Article 2 subparag. 1(a) of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Markets, which runs manufacturing and wholesale and retail business of low temperature equipment.

B. On June 2016, the Plaintiff was issued a certificate of direct production confirmation (term of validity from June 14, 2016 to June 13, 2018) verifying direct production (term of validity) pursuant to the main text of Article 9(4) of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (amended by Act No. 14839, Jul. 26, 2017; hereinafter “former Act on the Development of Market Support”).

[제품 규격] 물품분류번호 41103005 세부품명번호 4110300501 세부품명 실험실용초저온냉동고 규격 1) 챔버 용량: 16ℓ 이상 2) 온도 범위: 30℃ ~ ­180℃ 3) 히팅 범위: 0.01℃/분 ~ 10℃/분 4) 쿨링 범위: -0.01℃/분 ~ -10℃/분 5) 컨트롤러 정확도: ±0.3℃ 6) 챔버 크기: 무게 23kg , 용량 16ℓ, 챔버 크기 350mm 높이 × 230mm 가로 × 230mm 세로 2㎖ 앰플 726 7 전원: 230V - 50/60㎐ 1500VA

C. On July 6, 2016, the National Institute of Nakdong River Organisms issued a second public notice on the purchase of the automatic system with regard to the "purchase of the National SPPP system" items as follows (a quantity of one product; hereinafter the same shall apply), the bidding method shall be conducted through competitive bidding among small and medium enterprises, but the participation qualification shall be limited to "person who holds a certificate of direct production verification" (hereinafter referred to as the "tender in this case"). D.

After the Plaintiff participated in the instant bidding and was selected as a successful bidder on July 14, 2016, and thereafter, the Plaintiff’s product model name “Kryo560-16,” which was manufactured by the English company under the same standard as the specifications of the freezing products of this case.