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(영문) 서울행정법원 2016.09.23 2015구합9988
직접생산확인취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 2014, the Defendant issued to the Plaintiff a certificate of direct production of 15 products, including ordinary leisure season, but on September 7, 2015, the Defendant revoked the confirmation of direct production on the ground that the Plaintiff breached the obligation of direct production by concluding a supply contract with Pyeongtaek-gun for textile, and then supplying non-produced products.

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 15 (including serial numbers, hereinafter the same shall apply), the purport of the whole pleadings.

2. According to Article 9(1) and (4) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support for Development of Market Markets (hereinafter “Market Support Act”), a small and medium enterprise that has verified direct production by the Defendant need not obtain the verification of direct production from the head of a public institution when concluding a contract for the procurement of products with the head of a public institution.

The defendant's direct production confirmation can contribute to improving the competitiveness and stabilizing the management of small and medium enterprises by facilitating the purchase of products of small and medium enterprises and supporting markets.

Article 11 (2) 3 and 11 (3) of the Act on the Development of Agricultural and Fishing Villages provide that in cases where a small and medium enterprise supplies non-direct products such as the supply of clean production and the purchase of finished products of another company after concluding a supply contract with the head of a public institution, the small and medium enterprise owner should cancel the confirmation of

In light of the purpose of the direct production confirmation system, the term "cases of supplying non-direct production" includes cases where the product is supplied after purchasing another company's finished product, and it can be seen the same as those of not directly produced because it merely purchases major parts, etc. from another company and simply assembles them.

Therefore, the sub-production is conducted.

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