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(영문) 서울행정법원 2019.04.26 2018구합5161
직접생산확인 신청제한 처분 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. On March 2016, the Plaintiff, who is engaged in the production, sale, etc. of a creative product, was confirmed directly produced by the Defendant, in accordance with Article 9 of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (hereinafter “Market Support Act”), on three synthetic resin-related products, including the name “C” and the detailed product name “D” (hereinafter “instant products”), as a competing product with small and medium enterprise proprietors, pursuant to the term of validity, from March 22, 2016 to March 21, 2018, with regard to three products related to synthetic resin, including the name “C” and “D” (hereinafter “instant products”).

B. On August 3, 2017, the Incheon Regional Procurement Service publicly announced the purchase bid of “G” procurement commodities (goods) to which the procuring entity is the FF Corporation Incheon Regional Headquarters for the instant product. The Plaintiff participated in the said bidding and awarded the bid on August 17, 2017. On August 24, 2017, the Incheon Regional Procurement Service entered into a contract with the relevant procuring entity to supply the instant product to the FF Corporation Incheon Regional Headquarters, which is a procuring entity (hereinafter “instant contract”).

C. On March 2018, when the period of validity of the verification of direct production of the instant product, etc. arrives, the Plaintiff received from the Defendant the confirmation of direct production (hereinafter “instant direct production confirmation”) again by having three products related to synthetic resin, such as the instant product, as the term of validity from March 22, 2018 to March 21, 2020, pursuant to Article 9 of the Act on Support of Development of Agricultural Products.

In the process of implementing the instant contract, the Plaintiff produced and supplied parts of the instant products to the lower court. On July 23, 2018, the Defendant revoked the confirmation of direct production of the instant products pursuant to the former part of Article 11(2)3 and the former part of Article 11(3) of the Act on Support for Development of Agricultural and Fishing Villages and imposed restrictions on the application for direct production for six months (hereinafter “instant disposition”).

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