직접생산 확인 취소처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
A. The Plaintiff is a small and medium entrepreneur as prescribed in Article 2 of the Framework Act on Small and Medium Enterprises, and runs the business of manufacturing, selling, and other assembly metal manufacturing and selling business.
Pursuant to Article 34(2) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support of Market Support (hereinafter “Market Support Act”), Article 27(1) of the former Enforcement Decree of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support of Market Support (amended by Presidential Decree No. 29421, Dec. 24, 2018; hereinafter “former Enforcement Decree of the Support of Market Support Act”), the Defendant is an institution entrusted by the Minister of SMEs and Startups with affairs such as
B. The Plaintiff: (a) designated a factory located in the Siljin-si as a factory for direct production verification; and (b) obtained verification of direct production for six items, including a met-type fence around 2016 (term of validity from March 6, 2016 to March 5, 2018; hereinafter “previous verification of direct production”); and (c) obtained verification of direct production, including a met-type fence, around 2018, as follows.
(hereinafter “Verification of direct production in 2018”). The name of detailed product name: Product name essential for the effective period of detailed product name: 30152001 design-type fences for metal fences from March 6, 2018 to March 5, 2020 from March 6, 2018 to March 6, 201520102 Mecin-type fences from March 6, 2018 to March 5, 2018 from March 6, 201520103 YL-type fences from March 6, 2018 to March 6, 2018 to March 5, 20203 from March 6, 2018 to March 5, 2015205 metal fences and other metal fences from March 6, 2018 to March 5, 2018.
On May 17, 2016, the Plaintiff entered into a contract with multiple suppliers to supply a merc-type fence among metal materials fences which are competitive goods open only to small and medium enterprises (contract number D, extension contract E) and supplied them from around that time.
(hereinafter referred to as the “instant fence, etc.”) supplied by the Plaintiff to a public institution under the said contract, etc. D.
The Administrator of the Public Procurement Service shall conduct a joint inspection related to the direct production of government-funded materials in around 2018, and at that time the plaintiff is in the contract with the above multiple suppliers.