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(영문) 서울행정법원 2014.06.17 2013구합57013
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. The Plaintiff is an institution entrusted by the Administrator of the Small and Medium Business Administration with the authority to investigate whether a small and medium enterprise satisfies the criteria for the confirmation of direct production to a small and medium enterprise pursuant to Article 34(2) of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Purchase Promotion Act”) and Article 27(1) of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree of the Purchase Promotion Act”), and to revoke direct production, pursuant to Article 34(2) of the former Act on the Promotion of Purchase of Small and Medium Enterprises and Article 27(1) of the Enforcement Decree of the same Act.

B. Pursuant to Article 9(4) of the Act on the Encouragement of Purchase, the Plaintiff was issued by the Defendant a certificate of direct production verification as indicated below on February 17, 2012 and July 13, 2013 with respect to pipe-type street poles, competing products among small and medium enterprises, as indicated in the table.

However, the plaintiff was not issued a certificate of direct production with respect to the lapp street pole from the defendant.

[Certificate of Direct Production in February 17, 2012] Issuing No. 2012-02908 No. 201, the issuance number of competing products No. 2012-02908 (the certificate of direct production in July 13, 2013) the issuance number of pipes (the certificate of direct production in February 10, 2012) from February 10, 2012 to February 9, 2014, the specific term of validity of the product classification number of the competing products No. 201526, street lamps No. 2601, Feb. 10, 2012 to 2015-3, 2015-8, such as pipes No. 20194-2, Feb. 10, 2014 from February 10 to 216, 2014

C. On July 26, 2013, the Defendant: (a) against the Plaintiff, “the Plaintiff” (hereinafter “Plaintiffs”)

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