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(영문) 서울행정법원 2015.02.12 2014구합60658
중증장애인생산시설 지정취소처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff (business registration number 106-82-10684) is an incorporated association established for the purpose of vocational guidance, job placement, adaptation guidance, etc. for disabled persons; ① its branch office is <1> 4-7, Jung-gu, Seoul, Seoul, Seoul (hereinafter "the instant business office") in 201-82-04639; ② 2) the electric business office (business registration number 409-82-1108) in 435-68, 435-68, Jung-ro, Jung-gu, Gwangju, Gwangju, Seoul (hereinafter "the instant business office"); and ③ the electronic business office (business registration number 126-82-0695).

B. The Plaintiff obtained from the Defendant the designation of production facilities for products manufactured by persons with severe disabilities using lighting fixtures, road signs, and public broadcasting equipment, respectively, as to the electric power plant, the production items of which are produced by the Defendant, ② as to the electric power plant, and the production facilities for products manufactured by persons with severe disabilities using lighting fixtures, road signs, and public broadcasting equipment.

C. On May 27, 2014, the Defendant issued a disposition to revoke the designation of production facilities for products manufactured by persons with severe disabilities (hereinafter “instant disposition”) to the Plaintiff pursuant to Article 10(1) of the former Special Act on the Purchase of Products with severe disabilities (amended by Act No. 12621, May 20, 2014; hereinafter “Special Act”).

The Plaintiff filed an application with the court for suspending the execution of the instant disposition (2014 A. 10473), and this court rendered a decision to suspend the validity of the instant disposition until June 25, 2014.

E. The instant place of business closed on December 31, 2014, and accordingly the registration of business was revoked.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, Gap evidence 2, 4, Eul evidence 9 and 10, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

(a) Article 9(1) of the Special Act, Enforcement Decree of the Special Act;

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