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(영문) 서울고등법원 2017.04.28 2016누55379
직접생산확인취소처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is just in finding and determining the facts of the court of first instance, considering the evidence submitted by the defendant to this court after adding the evidence, and there are no errors as alleged by the defendant, and the reasoning of the judgment of the court of first instance is identical to that of the court of first instance, except for the correction of the five to six to six to six to six to six to the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

Although the detailed criteria of this case are not a law but a reference criteria, in the process of several amendments, it is possible for a business entity that confirms direct production of a non-regular power source device to purchase the relevant product by using the server, consortium, etc. as raw materials, and it is also required to comply with the recent one year or less.

In addition, the process of manufacturing is naturally required to undergo the process of design process assembly assembly test, and the detailed explanation provides that the design is “the process of preparing the drawing by using design facilities (CAD) in accordance with the production specifications or specifications,” and it is not possible to interpret it only as an electrical circuit design but also to include the design of the machinery department.

In addition, the plaintiff seems to have purchased the parts of this case from outside in order to purchase the server and the consortium, and have gone through the procedures of assembly, distribution, test, etc.

Therefore, the evidence submitted in the instant case alone does not constitute a ground for revoking the confirmation of direct production, as it falls under Article 11(2)3 of the Act on the Development of Agricultural and Fishing Villages, and it does not constitute a ground for revoking the confirmation of direct production.

2. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the court of first instance is.

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