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(영문) 서울행정법원 2020.07.16 2019구합70971
직접생산확인취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff is a business operator who engages in the manufacturing business of design service business, others, food artists, etc., art works, retail business of goods sales, etc. under the trade name of "C".

On October 26, 2018, the Plaintiff obtained a certificate of direct production from the Defendant with respect to two items of assistance day, mother and child cream, and two items of assistance day, from the Defendant’s factory “B” (hereinafter “instant factory”). On November 30, 2018, the Plaintiff obtained a certificate of direct production verification for three items of assistance day, mother and child cream, and forest cream.

Since then, on April 10, 2019, the Plaintiff transferred the aforementioned factory to “F in Ulsan-gun E”, and received a certification of direct production for three items of the relevant father, mother and child clock, and flock.

On December 4, 2018, the Plaintiff entered into a contract with the Seo-gu Busan Metropolitan Government to supply government-funded materials (154 days in mother and mother-do, and 24 days in father-day) at the site of the Busan Seo-gu G development project (hereinafter “instant contract”) by February 16, 2019.

On January 31, 2019 and February 16, 2019, the Plaintiff completed the supply after undergoing an inspection and examination by the Seo-gu Busan Metropolitan City, 154 mother-and-child day and 24 father-day.

On April 15, 2019, the Defendant, upon receiving a civil petition stating that “the Plaintiff violated the obligation of direct production with respect to the products supplied to a public institution,” requested the Plaintiff to submit to the Plaintiff materials related to the public institution’s supply performance and the current status of purchase of raw and secondary materials, business registration certificate, factory lease certificate, factory lease contract, the list of facilities in possession and production, or the detailed statement of depreciation of tangible assets, and evidence proving that the Plaintiff was directly engaged in other works, such as color, fluority, and sexual type, in the instant public room. On May 10, 2019, the Defendant conducted an investigation into the violation of the confirmation of direct production pursuant to Article 11 of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development

(hereinafter “instant investigation”). The Defendant, May 23, 2019, issued the said investigation findings and measures plan to the Plaintiff.

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