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(영문) 서울행정법원 2016.12.27 2016구합65992
직접생산확인취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 13, 2014, the Plaintiff: (a) collected information on the current building condition from a license installed in a building to automatically control internal environments, such as temperature, dampness, and pressure in the building, which is a competing product between or among small and medium enterprises; (b) the Ministry of Health and Welfare established and supplied the Korea Centers for Disease Control and Prevention, which is a competing product for small and medium enterprises; and (c) control the operation of air conditioners, such as air conditioners in the building by comparing the information with the environmental conditions established in advance.

B. On May 4, 2016, the Defendant requested the Plaintiff to submit its opinion on the revocation of direct production, and to attend a hearing, on the ground that “The On-Site Control Group (DC) was purchased from A (prefabricated and installation) from among the automatic control devices for buildings installed and supplied by the Plaintiff.”

C. The Plaintiff presented his opinion to the Defendant to the effect that “A was manufactured is on-site control team and other accessories, and the most important DC boiler installed in the field control team was directly made by the Plaintiff,” and stated in the hearing.

However, the Defendant: (a) applied Article 11(2)3, 11(3), and 11(5)3 of the Act on Promotion of Purchase of Small and Medium Products and Support for Development of Agricultural and Fishing Villages (hereinafter “Market Support Act”) to the Plaintiff on May 31, 2016, deeming that “The Plaintiff, as alleged by the Plaintiff, was directly equipped with the DC can only be deemed an essential process if A installed other components; and (b) thus, the Defendant revoked direct production of all products for which the Plaintiff verified direct production, by applying Article 11(2)3, 11(3), and 11(5)3 of the said Act.

The disposition of this case is referred to as "the disposition of this case".

The plaintiff is an explanation of the grounds for disposition by the defendant.

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