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(영문) 서울행정법원 2018.02.02 2017구합84204
영업허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was designated as the production facility for persons with severe disabilities from the Defendant around 2014, stating that “the products produced: CCTV, power distribution half-control device, lighting device, lighting fixture, clean lamps, etc.” from November 21, 2014 to November 20, 2017, without distinguishing it from the Gwangju Welfare Foundation for Persons with Disabilities.”

B. From July 5, 2017 to July 14, 2017, the Defendant conducted a joint inspection of the Plaintiff’s production facilities for products manufactured by persons with severe disabilities.

As a result, ① the lessor of the production facility has operated the same type of business as the type of the production facility, ② the control device item supplied it to the lessor without direct design and distribution process, ③ borrowed operating expenses from the lessor in the short-term lease form without undergoing the procedures such as the resolution of the board of directors. ④ The fact that the non-designated items of the production facility were supplied to the Korea Light and Nuclear Energy Headquarters of Korea and input them into the results.

C. On November 3, 2017, the Defendant issued a disposition to revoke the designation of production facilities for products manufactured by persons with severe disabilities to the Plaintiff on the grounds of the above ① or ④ following hearing procedures, etc.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap 1 through 3, 5, 6 evidence, Eul 1, and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. 1) Summary of the Plaintiff’s assertion (1) as to the existence of the grounds for disposition (i.e., the Plaintiff and the lessor, Daesung C&C (hereinafter “MasungC”).

(2) Since November 2012, the Plaintiff’s production facilities were traded with lighting and electric parts. around November 2015, the Plaintiff’s factory located in Gwangju-si, Gwangju-si (hereinafter “instant factory”). The Plaintiff’s production facilities are 46,000,000 Won-ro 262,000,000,000.

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