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(영문) 서울고등법원 2019.01.29 2017누82699
직접생산확인취소처분취소
Text

1. Revocation of the first instance judgment.

2. On November 24, 2016, the Defendant’s revocation of direct production verification against the Plaintiff.

Reasons

(1) The term of validity was 1: (a) electric dynamics fishing malpha (2410160201); (b) electric malpha (2410160202); and (c) braces (2410165201) and all of them were from May 24, 2013 to May 23, 2015.

C. On July 4, 2013, the Public Procurement Service publicly announced the bidding as follows:

(이하 ‘이 사건 입찰’이라 한다). 1. 입찰에 부치는 사항 수요기관 : 전라남도 고흥군 품명 : 지브크레인 수량 : 10 단위 : 대 입찰건명 : 2013년 B ◐ 입찰참가자격 * 아래 각 호의 자격을 모두 갖춘자

(a) A business entity that has registered the number 10 to 2410165201 (SB) of the classification of goods as a manufacturing product under the National Comprehensive Electronic Procurement System Registration Regulations (amended on January 4, 2013) by the date immediately preceding the deadline for bidding in the national master market (G2B);

(c) A business entity that holds the certificate of direct production under Article 9 of the Act on the Support of Development of Agricultural and Fishing Villages and Article 10 of the Enforcement Decree of the same Act;

2. Detailed name and quantity * Hybre 10 persons;

D. On July 2013, the Plaintiff participated in the instant bid and was selected as a successful bidder. On July 26, 2013, the Plaintiff concluded a contract with the Administrator of the Public Procurement Service of Gwangju Regional Government and the procuring entity of the demanding administrative agency, the contract amount of which is KRW 413,816,90, and the delivery place is the maritime affairs and fisheries, and the designated place with the 2013 Maritime Affairs and Fisheries. Accordingly, the Plaintiff produced and supplied the walthic flag (hereinafter “instant walths”).

E. Around January 2014, the Defendant reported a violation of direct production with the Plaintiff, and investigated the actual state of the Plaintiff’s direct production on February 7, 2014 based on Article 11(1) of the Act on Support of Development of Agricultural and Fishery Products and Article 32-2 of the Operational Guidelines for the Public Purchase System of Small and Medium Enterprise Products. On February 7, 2014, the Defendant confirmed the fact that D (hereinafter “D”) is specified as manufacturing source and that the Plaintiff did not directly produce the instant tea.

As to this, the Plaintiff is not a boomer.

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