logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.07.21 2017구합54906
직접생산확인취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a small and medium business proprietor that manufactures and sells a non-regular power source device, and the Defendant is an institution entrusted by the Administrator of the Small and Medium Business Administration with the verification of direct production, revocation of direct production, etc. pursuant to the Act on Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Market Markets (hereinafter

B. The Plaintiff has obtained the confirmation of direct production from the Defendant with respect to the term of validity of the UPS (UPS) from April 27, 2007 to June 15, 2017.

C. On April 29, 2014, the Korea Railroad Corporation published a tender only for small and medium enterprise owners whose participation in bidding was verified directly with respect to 2 SET with respect to a non-electric power source device.

On May 16, 2014, the Plaintiff entered into a purchase contract with the Korea Railroad Corporation and “Goods to be supplied: 2 SET, contract amount: 28,01,000 won, and delivery period: June 16, 2014.”

On May 19, 2014, the Plaintiff ordered the International Telecommunications Industry Co., Ltd. to “goods: Two goods: 8,400,000 won without a power source device, 8,400,000 won, and other matters on May 29, 2014: its own test report, operating manual, and appending the relevant product certificate.”

E. On June 2016, the Defendant was informed that the Plaintiff violated the obligation of direct production.

The defendant investigated whether the plaintiff was directly produced, and as a result, confirmed that the plaintiff purchased a non-electric power source system from the International Telecommunications Industry Co., Ltd.

On July 28, 2016, the Defendant issued a disposition to revoke the confirmation of direct production with respect to all products verified directly by the Plaintiff on the grounds of violation of direct production (subproduction) through the hearing procedure, etc.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap 1 through 3, 7, 8, Eul 1 through 7, and the purport of the whole pleadings.

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

(a) Evidence A, Nos. 7 and 8.

arrow