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(영문) 서울행정법원 2019.07.12 2018구합84157
직접생산 확인 취소처분 취소
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 corporation operating industrial machinery manufacturing business, industrial facility business, pollution prevention business, etc., and the Defendant is an institution entrusted by the Minister of SMEs and Startups with the duties of checking direct production of small and medium enterprises, revoking direct production, etc. pursuant to Article 34(2) of the former Act on Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Market (Amended by Act No. 14839, Jul. 26, 2017; hereinafter “former Enforcement Decree of the Sales Support Act”) and Article 27(1) of the former Enforcement Decree of the former Act on Support of Development of Market Support (Amended by Presidential Decree No. 28213, Jul. 26, 2017; hereinafter “Enforcement Decree of the

The Plaintiff received confirmation of direct production from the Defendant with respect to underwater pumps and mobile controles.

On August 29, 2017, the Defendant, such as revocation of direct production verification, notified the Plaintiff on September 5, 2017 that the confirmation of direct production for all products that the Plaintiff received pursuant to Article 11(2)1, etc. of the Act on Support of Agricultural and Fishing Villages was revoked on the grounds that the Plaintiff was verified directly by fraudulent or other illegal means.

(2) On September 1, 2017, the Plaintiff filed an appeal seeking revocation of the preceding disposition with the Central Administrative Appeals Commission on September 1, 2017, and applied for suspension of execution of the preceding disposition. The Central Administrative Appeals Commission accepted the Plaintiff’s application on September 12, 2017 and rendered a decision to suspend execution (hereinafter “decision to suspend execution of the preceding disposition”).

The Central Administrative Appeals Commission dismissed the above appeal on May 15, 2018.

On May 28, 2018, when the plaintiff filed an administrative litigation (Seoul Administrative Court 2018Guhap64917), the plaintiff was subject to a decision to suspend the validity of the preceding disposition on May 28, 2018 (the same court 2018do1469), and the decision to dismiss the appeal on June 20, 2019 was sentenced.

The confirmation of direct production of this case is revoked.

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