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(영문) 서울행정법원 2019.02.15 2017구합77770

직접생산확인취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On August 2014, the Plaintiff was verified direct production from the Defendant with the validity period from August 28, 2014 to August 27, 2016 with respect to elevator products (elevators for passengers with three parts) as the company engaging in manufacturing, repair, installation, etc. The Plaintiff was confirmed direct production for the period from August 28, 2014 to August 27, 2016 after undergoing a fact-finding survey on around August 28, 2016.

The Plaintiff entered into a contract with the Public Procurement Service to supply an elevator with B Elementary School (Contract Number C), D Middle School (Contract Number E, F) and supplied an elevator for passengers (hereinafter “instant product”) on September 2015 according to each of the above contracts. The Plaintiff sent the steel plate cutting, which is a component of the instant product, to other companies at the time of manufacturing a car platform, car frame, and balanced press frame.

On September 6, 2017, the Defendant revoked the confirmation of direct production of all products for which the Plaintiff received the confirmation of direct production as of September 13, 2017 pursuant to Article 11(2)3, (3) and (5)3 of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support for Development of Market Markets (amended by Act No. 14839, Jul. 26, 2017; hereinafter “FF Support Act”), and applied for the confirmation of direct production for six months from the date of revocation.

(hereinafter referred to as the “instant disposition”). 【The ground for recognition” is without dispute, Party A’s evidence Nos. 1 through 5, and Party B’s overall purport of the instant disposition, and the purport of the entire pleadings, as to the legitimacy of the instant disposition, the Plaintiff’s “Standards for Confirmation of Direct Production of Competing Products among Small and Medium Enterprises” (Public Notice No. 2015-10 of the Small and Medium Enterprise Administration’s Notice No. 2015-10, hereinafter “instant Notice”) [Attachment] of the [Attachment Table] necessary for production.