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(영문) 서울행정법원 2017.09.08 2017구합56919
직접생산확인취소처분 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. Pursuant to Article 34(2) of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (amended by Act No. 14839, Jul. 26, 2017; hereinafter “Market Support Act”), Article 27(1) of the former Enforcement Decree of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Promotion of Development of Market Support (amended by Presidential Decree No. 28213, Jul. 26, 2017; hereinafter “former Enforcement Decree”), the Defendant is an institution entrusted by the Administrator of the Small and Medium Business Administration with the duties of verification of direct production, revocation of direct production, etc., and the Plaintiff is a small and medium business proprietor who is engaged in the business of manufacturing landscape lighting and luminous (including ELD and control devices) and is issued a certificate of direct production from

B. On February 2, 2016, the Plaintiff participated in the bid for the purchase of procurement commodities (demanding agency: the Navy), which was publicly announced by the Gyeongnam Regional Procurement Service for those holding a certificate of direct production verification of the PE discharge, and entered into a contract for the procurement of the three kinds of PE discharge lamps (hereinafter “instant PE discharge”) for the purpose of naval vessels produced by the Plaintiff between the Gyeongnam Regional Procurement Service and the Gyeongnam Regional Procurement Service on February 22, 2016, the Plaintiff entered into a contract for the procurement of the 579,130,420 won for the purchase of the PE discharge as a military headquarters by August 20, 2016.

(hereinafter “instant procurement contract”). C.

The Plaintiff, in accordance with the detailed specifications set out in the instant procurement contract, directly produced the instant ED lamps, and supplied them to the Navy in line with the delivery period.

On February 3, 2017, the Defendant notified the Plaintiff on February 9, 2017, that the Plaintiff cancelled the direct production confirmation that the Plaintiff had already received from the Defendant as of February 9, 2017 (hereinafter “instant disposition”).

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