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(영문) 서울행정법원 2018.02.02 2017구합54593
직접생산확인취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On June 12, 2014, the Plaintiff obtained the confirmation of direct production from the Defendant with the term of validity from June 12, 2014 to June 11, 2016 with respect to solar power generation devices (hereinafter “instant products”) which are competing products only between small and medium entrepreneurs, and again obtained the confirmation of direct production with the term of validity from June 12, 2014 to June 11, 2016.

On March 10, 2015, the Plaintiff entered into a multiple supplier agreement with the Public Procurement Service on the instant product, demanded the Defendant to supply the instant product to a large number of end-user institutions, including supplying the instant product to install solar power generation facilities in the process of treating sewage from the Environmental Management Headquarters sewage, Cheongju-si.

On February 7, 2017, the Defendant received a request from the Public Procurement Service to revoke the verification of direct production from the Plaintiff, and conducted a fact-finding survey and hearing procedures, and issued a disposition to revoke the confirmation of direct production of all products verified by the Plaintiff pursuant to Article 11 (2) 3, (3), and (5) 3 of the former Act on Promotion of Purchase of Small and Medium Products and Support for the Development of Agricultural and Fishing Villages (amended by Act No. 14839, Jul. 26, 2017; hereinafter “Market Support Act”) on the ground that the Plaintiff, in relation to the case of the request for supply by the Public Procurement Service to a large number of procurement facilities, such as solar solar power generation facilities, etc., of the Environmental Management Headquarters, he/she supplied the product of this case to the Public Procurement Service for a normal construction and a ppuri solar power plant, etc. for a period of six months from the date of revocation.

(2) The Plaintiff’s assertion as to whether the disposition in this case is legitimate or not, as a whole, is a structure manufacturing with respect to solar power generation facilities at the Ministry of Environment, Cheongju-si. The Plaintiff’s assertion as to the legitimacy of the disposition in this case’s overall purport of Gap’s evidence 1, 4, and Eul’s evidence 4 (including each number).

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