1. On October 31, 2018, the Defendant’s revocation of the designation of products manufactured by persons with severe disabilities against the Plaintiff is revoked.

Details of the disposition

The plaintiff of the party concerned is an incorporated association with the aim of supporting the disabled persons, and may engage in profit-making business, such as the production of power distribution teams, to the extent that it does not impede the intended business.

Accordingly, the Plaintiff established a branch office (hereinafter “production facility of this case”) that runs a profit-making business such as the production, etc. of power distribution teams in the name of “ Incorporated Association C” in Ansan-si, Ansan-si.

With respect to the production facilities of this case from November 21, 2014 to November 20, 2017, the Plaintiff was designated as “production facilities for products manufactured by persons with severe disabilities (hereinafter referred to as “production facilities for products manufactured by persons with severe disabilities”) by using the term of validity from the Defendant as “electric power distribution anti-control devices and lighting equipment”.

After November 21, 2017, the Plaintiff re-designated the term of validity of the instant production facilities from November 21, 2017 to November 20, 2020 with regard to the production facilities from the Defendant, and the product was re-designated as the production facilities for disabled persons with regard to the production facilities from November 21 to November 20, 2020.

As of the time of 2015 and 2016, D is the representative of “E” who supplies guidance, measurement and control equipment to the public offices, and F is the executive director of “E”. G is the representative of the Plaintiff and the husband of H and the chairperson of the execution of the production facilities of this case, and I is the director in charge of the business of the production facilities of this case.

D, F, and I were prosecuted for the following criminal facts as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and were sentenced to each conviction on December 19, 2017 (Seoul District Court Decision 2017Dahap221), and appealed for this, but each conviction was sentenced on July 17, 2018 (Seoul High Court Decision 2018No131). The prosecutor applied for amendments to the indictment at the appellate court, and the subject of the judgment was changed as the appellate court permitted.

Therefore, the appellate court reverses the judgment of the court below.