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(영문) 서울행정법원 2015.08.20 2014구합19032
직접생산확인취소처분취소
Text

1. The Defendant’s revocation disposition of direct production verification issued to the Plaintiff on August 25, 2014 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established on February 9, 2010 and engaged in the business of sanction, processing, etc. of timber.

Under Article 34(2) of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Development Support (hereinafter “Market Support Act”) and Article 27(1)2 and 4 of the Enforcement Decree of the same Act, the Defendant is an institution entrusted by the Administrator of the Small and Medium Business Administration with the authority to verify the direct production of a small and medium enterprise pursuant to Article 9(4) of the Act on Support of Development of Agricultural and Fishing Villages, or to revoke direct production verification

B. On November 201, the Defendant issued to the Plaintiff the confirmation of direct production (hereinafter “the verification of direct production”) with respect to the board materials (the name of the three parts is referred to as “bruing material”, “fluing guide”, “bluing block”, and “luter”) up to November 10, 201, pursuant to Article 9(4) of the Act on Support for Development of Agricultural and Fishing Villages (hereinafter “the first verification of direct production”).

On March 5, 2013, the Defendant issued a notification to the Plaintiff on the ground that “the Plaintiff supplied materials imported without direct production to the Namyang-si, Ansan-si, the Office of Education of Gangwon-do, the Office of Education of Gangwon-do, the Busan-si, the Hadong-gun, the Southern-gun, the Southern-si, etc. (hereinafter “Seoul-si, etc.”) to revoke the confirmation of direct production of the first product based on Article 11(2)3 of the Act on the Promotion of Real Estate Development (hereinafter “the revocation of prior production”).

The Plaintiff filed a lawsuit against the Defendant with the Seoul Administrative Court seeking revocation of the preceding revocation disposition under the Seoul Administrative Court 2013Guhap11987, and the said court concluded the pleadings on October 23, 2013 and rendered a judgment in favor of the Plaintiff that “the revocation of the preceding revocation disposition” was revoked on November 22, 2013.

On December 2, 2013, the Defendant filed an appeal with the Seoul High Court No. 2013Nu52782 against the above judgment.

C. However, around December 16, 2013, the Defendant again stated that the name of the detailed material in the plate to the Defendant is the same as that of the wood judgment, fluoring guide, fluor block, and fluor wall board.

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