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(영문) 서울행정법원 2019.04.18 2018구합54347
평가기관선정처분 취소 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Details of the disposition

and Contents

A. The Plaintiff is an incorporated foundation which was permitted to establish December 1, 2017 for the purpose of performing support projects related to certification of industrial technology.

The defendant is the representative of the National Technical Standard Institute, which is the overall agency in charge of the standard policy affairs under the Ministry of Trade, Industry and Energy, and is delegated with the authority to designate an evaluation institute (hereinafter referred to as the "evaluation institute") to conduct the business of certifying new technology and new products pursuant to Article 44 of the Industrial Technology Innovation Promotion Act (hereinafter referred to as the "Industrial Technology Act") and Article 57 (1)

B. The certification system of new technology and new products under the Industrial Technology Act is to promote innovation in industrial technology and strengthen industrial competitiveness by providing benefits, such as support on the early market development, to the products with excellent performance and quality, among the products that have been completed by applying the said new technology as core technology and have been commercialized by the Minister of Trade, Industry and Energy (Article 15-2). The certification system of new technology and new products under the Industrial Technology Act is to promote innovation in industrial technology and strengthen industrial competitiveness by providing the said certified products with benefits, such as support on the market development, etc.

(hereinafter “Certification System for New Technology and New Products”). (c)

In accordance with Article 57 (6) of the Enforcement Decree of the Act on the Establishment and Operation of New Technology Certification Institutions, etc. (hereinafter “Operational Guidelines”) pursuant to the delegation of Article 57 (6) of the Enforcement Decree of the Act on the Establishment and Operation of New Technology, the Defendant conducted a public invitation for

(hereinafter “instant public invitation project.” The Defendant registers the instant public invitation project as a “public invitation project in 2017” under the Subsidy Management Act (hereinafter “Subsidy Management System”), which is the integrated subsidy management network under the Subsidy Management Act (hereinafter “Subsidy Act”), and regarding the application for designation as a subsidy management system and the Defendant’s website, the submission period: D-E (limited to the arrival period within the submission period), and the application method:

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