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(영문) 서울행정법원 2017.04.20 2016구합6535
생산시설지정취소처분 취소
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 juristic person established for the purpose of supporting the creation of jobs for the disabled, etc., and its head office is set forth in B 826, Jung-gu, Seoul, and is engaged in the business of producing printed materials on the first floor of the same Gu as the branch

(hereinafter referred to as “production facility of this case”). B.

On November 11, 2015, the Plaintiff was designated by the Defendant as the production facilities of products manufactured by persons with severe disabilities (hereinafter referred to as “production facilities”) pursuant to Article 9(1) of the Special Act on the Purchase of Products with severe disabilities (hereinafter referred to as “the Act”) and Article 16 of the Enforcement Decree of the same Act.

C. On June 20, 2016, the Korea Disabled Development Institute inspected the production facilities of this case and the Daejeon Branch of the Plaintiff at the Defendant’s request (hereinafter “instant inspection”). As a result, the following matters are referred to as “the grounds for dispositions in violation of the relevant Acts and subordinate statutes” and “each of the dispositions of this case” when referring to the following:

1. We confirmed that the production facilities of this case are not specialized technical personnel. D, the head office of the Plaintiff corporation, cannot be recognized as specialized technical personnel of the production facilities of this case. On February 1, 200, E (F operation) who is not affiliated with the production facilities of this case and Plaintiff corporation (D, the head office of which is affiliated), participated in the operation of the production facilities of this case.

3. The factory production facilities shall be used jointly with the G company and the factory production facilities shall not be separated;

4. The printed materials produced at the Daejeon Branch and the printed materials produced by other companies, which are not the production facilities of this case, were supplied to the public agencies.

5. The 4-do printed materials that could not be produced in the production facilities of the instant case were supplied to public institutions.

6. The Daejeon Branch had the Plaintiff use the name of the production facility of this case for its business and supply. D.

The Defendant’s ground for each of the instant dispositions to the Plaintiff on August 2, 2016.

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