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(영문) 서울행정법원 2018.02.21 2017구합60550
중증장애인생산품생산시설지정취소처분취소
Text

1. The revocation of the designation of the production facility for products manufactured by persons with severe disabilities against the Plaintiff on January 18, 2017 is revoked.

Reasons

1. Details of the disposition;

A. On September 1, 2014, the Plaintiff was designated as a production facility for products manufactured by persons with severe disabilities (hereinafter “production facility”) pursuant to Article 9 of the Special Act on the Purchase of Products with severe disabilities (hereinafter “Special Act”) and Article 17(3) of the Enforcement Decree of the same Act by using designated items as “printed materials” as the location of the Defendant, Jung-gu, Seoul (hereinafter “C”) (hereinafter “production facility”).

B. On July 7, 2016, the Defendant conducted a follow-up inspection on the Plaintiff’s production facilities (hereinafter “instant on-site inspection”), and conducted a follow-up inspection on December 19, 2016 on the basis of the result, and conducted a hearing on January 18, 2017, pursuant to Article 10(1) of the Act on the Promotion of Persons with Disabilities, Article 16(1) and (3) of the Enforcement Decree of the same Act, and the criteria for examination related to the designation of production facilities for persons with severe disabilities (Notice of the Ministry of Health and Welfare No. 2016-116, hereinafter “instant notification”), and issued a disposition revoking the designation of production facilities (hereinafter “instant disposition”).

2. At the time of visiting the site of the employment and ratio of disabled workers (hereinafter referred to as “grounds for disposition 1”), some workers (D, E) belonging to the production facilities (hereinafter referred to as “P”), who work for another company (F), which is not clearly distinguished from the wall, entrance, etc. - verification of workers’ participation in the production of printed materials in the same kind of business (print, publishing, editing) at the time of visiting the site of work site at the location of another company (F), which is not clearly divided into the wall, entrance, etc. - H’s request for printing out of the production facilities from H to the production facilities, and in relation thereto, H workers visited the production facilities to directly print out the production facilities; however, it is not recognized as simple external production because workers of another company are directly engaged in

4. Whether products manufactured by persons with severe disabilities are directly produced: The following portions are excluded from the submission of data confirmed at the time of field examination.

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