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(영문) 서울행정법원 2017.09.01 2016구합77964
직접생산확인취소처분 취소청구
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 engaged in a landscaped stone manufacturing business. The Defendant is an institution entrusted with the authority to verify direct production with the Administrator of the Small and Medium Business Administration pursuant to Article 34(2) of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Market Markets (amended by Act No. 14839, Jul. 26, 2017; hereinafter “The former Enforcement Decree of the Sales Support Act”) and Article 27(1) of the former Enforcement Decree of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and Support for Development (amended by Presidential Decree No. 28213, Jul. 26, 2017; hereinafter “Enforcement Decree of the Sales Support Act”).

On January 29, 2014, the Plaintiff was issued by the Defendant a certificate of direct production with respect to landscaping stone produced at a factory located in the Shini-ri 717-26 (hereinafter “original factory”).

After that, on January 20, 2015, the Plaintiff returned the certificate of confirmation of direct production that was previously issued on the ground of the expiration of the period for permission to collect earth and stones from the original factory, and on February 3, 2015, issued the certificate of confirmation of direct production on the ground that the term of validity of landscaping, which was produced at a factory located in Hongcheon-gun, Hongcheon-gun, Hongcheon-do, Seoul (hereinafter “redungcheon-gun factory”), from February 3, 2015 to February 2, 2017, is valid.

The plaintiff entered into a contract with multiple suppliers with the Public Procurement Service and supplied a large number of landscaping seats to the public agencies in 2015 through the national market system operated by the Public Procurement Service.

On July 4, 2016, the defendant filed a civil petition that the plaintiff supplies other company products, and requested the plaintiff to submit the results of supplying landscaping stone to the public institution from January 2015 and data on the purchase details of major raw materials related to the delivery.

After investigating the data submitted by the Plaintiff, the Defendant notified the Plaintiff of the measure plan, such as revoking direct production, and the attendance at the hearing on August 9, 2016.

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