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(영문) 서울행정법원 2021.03.30 2020구합59642
직접생산확인취소처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a small and medium enterprise running the business of manufacturing and selling street lamps. The Defendant is an institution entrusted with the business of directly checking whether products are produced by the Minister of Small and Medium Venture Business, revoking direct production confirmation, and conducting hearings, etc. pursuant to Article 34(2) of the former Act on Promotion of the Purchase of Small and Medium Enterprise Products and Support for the Market (amended by Act No. 17243, Apr. 7, 2020; hereinafter “former Act”) and Article 27(1)2 and 4 of the former Enforcement Decree of the Act on Promotion of the Purchase of Small and Medium Enterprise Products and Support for the Market (amended by Presidential Decree No. 30437, Feb. 18, 2020; hereinafter “former Enforcement Decree of the Market Support Act”).

B. Pursuant to Article 9 of the former Market Support Act, the Plaintiff obtained verification of direct production from the Defendant as indicated in the following table with respect to outdoor lighting equipment, etc., which is a small and medium-sized competing product (hereinafter “competitive product”).

Detailed name name number : (a) 391160302 ED street lamps from April 15, 2018 to April 14, 2020; (b) 1. 3911160801 Security Lights from April 15, 2018 to April 14, 2020; (c) 1. 4. 5 to 10. 4. 7. 1. 5 of the ED street lamps from April 15, 2018 to April 15, 2011; (d) 1. 4. 5 to 10. 4. 7. 1. 1. 4. 8 of the EM equipment from April 15, 2018 to April 14, 2018; and (e) 1. 4. 1. 5 to 2014. Mad 184. Mad 16, 2018

On September 19, 2016, the Plaintiff entered into a goods contract with the Public Procurement Service for the landscape lighting designated as competing products pursuant to Article 6 of the former Enforcement Decree of the Act on Assistance to the Markets (hereinafter referred to as “instant goods”) with respect to the term of contract from September 19, 2016 to August 31, 2019, the supply volume of which is 1,550, the contract amount of which is 97,500,000 won (hereinafter referred to as “the multiple suppliers contract as of September 19, 2016”), and thereafter, the supply volume and the contract amount increase.

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