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(영문) 서울행정법원 2020.11.19 2020구합53743

참여제한처분취소등청구의소

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All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a small and medium business corporation established on April 6, 2015 with the business purpose of drone production, sales, education, aerial photography, etc., and Plaintiff B is the representative director of the Plaintiff Company.

As the head of the Small and Medium Enterprise Information Promotion Agency (hereinafter referred to as the "Promotion Agency") established to efficiently promote technological innovation and informatization management of small and medium enterprises, the defendant is entrusted by the Minister of SMEs and Startups with duties to restrict participation in projects for promoting technological innovation.

【Small and Medium Enterprise Innovation Promotion Act (hereinafter “Small and Medium Enterprise Innovation Promotion Act”)】

Articles 20 and 29(1) of this Act, Article 19(1)1 and 2 of the Enforcement Decree of the same Act

On June 14, 2016, the Administrator of Small and Medium Business Administration (the Minister of SMEs and Startups) publicly announced the implementation plan for creative economy linkage with the business start-up growth technology development project in 2016.

Plaintiff

The company submitted a business plan including the evaluation index of the target achievement with the following contents to the Administrator of the Small and Medium Business Administration, and supported the above business, and the Administrator of the Small and Medium Business Administration selected the Plaintiff company as a person eligible for support

C. The ETRI certified results of the ETRI is planned to be submitted as an institution related to the task, which is not related to the task in Korea, for the examination (performance evaluation) certification of a testing certification institution for final development purpose, to present domestic verification methods of C C measurement results as the first D.

C. On September 8, 2016, the Plaintiff Company entered into an agreement on the technological development projects for small and medium enterprises (hereinafter “instant agreement”) with the Promotion Agency as follows, and received KRW 91,00,000,000 from the Promotion Agency on September 27, 2016.

Development proposal: D major institution: Plaintiff Company (representative and task manager: Plaintiff B).