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(영문) 서울행정법원 2015.09.17 2014구합18367
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 enterprise that was established on January 8, 2009 and engaged in outdoor advertising installation business.

Under Article 34(2) of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Development Support (hereinafter “Market Support Act”) and Article 27(1)2 and 4 of the Enforcement Decree of the same Act, the Defendant is an institution entrusted by the Administrator of the Small and Medium Business Administration with the authority to verify the direct production of a small and medium enterprise pursuant to Article 9(4) of the Act on Support of Development of Agricultural and Fishing Villages, or to revoke direct production verification

B. On May 26, 2014, pursuant to Article 9(4) of the Act on Support for Development of Agricultural and Fishing Villages, the Plaintiff was verified by the Defendant for direct production from May 27, 2014 to June 26, 2016, with respect to the term of validity of the “information board”.

On August 7, 2014, the Defendant conducted an investigation with respect to the Plaintiff’s production factory on the basis of Article 11(1) of the Act on Support for Development of Agricultural and Fishing Villages, and held a hearing against the Plaintiff on September 24, 2014.

As a result, on October 17, 2014, the Defendant notified the Plaintiff on the ground that “the Plaintiff failed to meet the confirmation criteria under Article 9(2) of the Act on the Development of Agricultural and Fishing Villages” and the Defendant revoked the confirmation of direct production of “the guidance board” under Article 11(2)2 and (3) of the Act on the Development of Agricultural and Fishing Villages.

[hereinafter] The Defendant’s notification as above is that the Plaintiff cannot apply for the confirmation of direct production with respect to the “information board” pursuant to Article 11(5)2 of the Act on the Development of Agricultural and Fishing Villages for six months. The specific grounds for the instant disposition, which the Defendant spent, are in contact with the manufacturing company’s factory of “C” operated by “C” (hereinafter “C”), and the entrance is installed on the middle wall installed on the part where the Plaintiff’s production factory is in contact with the above, and thus, the Plaintiff and C’s factory is not separated from the wall.

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