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(영문) 서울행정법원 2016.11.28 2016구합69406
직접생산확인취소처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a small and medium enterprise with the aim of manufacturing recycling asphalt concrete. The Defendant is an institution entrusted by the Administrator of the Small and Medium Business Administration with the authority to verify direct production of small and medium enterprises pursuant to Article 34(2) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support for Development of Agricultural and Fishing Villages (hereinafter “Market Support Act”) and Article 27(1) of the Enforcement Decree of the same Act.

On June 2015, pursuant to Article 9(4) of the Act on Support for Development of Agricultural and Fishing Villages, the Plaintiff was issued by the Defendant with a certificate of direct production verification as “the name of asphalt concrete: the effective period: from February 5, 2016 to February 4, 2018 (rest asphalt concrete); from June 23, 2015 to June 22, 2017 (propat concrete); and the production factory: from June 23, 2015 to June 22, 2017.”

On November 1, 2015, the Plaintiff leased the whole of a 50-ground factory building, machinery and equipment attached thereto (hereinafter referred to as “instant factory”) from the date of contract to November 1, 2016 (the terms and conditions of leasing the Plaintiff’s factory at the time of manufacturing a middle temperature spppppppppppppppppppppppppppppppppppp compound) to the Young-gu, Busan (hereinafter referred to as “Y-gu Industry”).

(2) Article 11(2)2 of the Act on Support for Development of Agricultural and Fishing Villages on the ground that the Plaintiff leased the entire factory of this case to the field industry, thereby failing to meet the verification criteria under Article 9(2) of the Act on Support for Development of Agricultural and Fishing Villages, the Defendant issued a disposition to revoke the confirmation of direct production of recycled asphalt concrete and asphalt concrete confirmed by the Plaintiff pursuant to Article 11(2)2 of the Act on Support for Development of Agricultural and Fishing Villages (hereinafter “instant disposition”). In addition, the Defendant notified that the Plaintiff cannot file an application for the confirmation of direct production for six months from the date of revocation pursuant to Article 11(5)3 of the Act on

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