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(영문) 서울고등법원 2019.08.23 2018누66229
직접생산확인취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as follows, and the judgment of the court of first instance specifically emphasized by the Plaintiff as the grounds for appeal is identical to the reasoning of the judgment of the court of first instance, except for the addition under paragraph (2) after adding the judgment of the court of first instance as the grounds for appeal. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

On the 2nd 16th 16th 2th 2th 2th 2th 2nd 2nd 2nd 8th 2nd 2nd 2nd 2nd 2017Guhap78018st 2018, and the 9th 4th 9th 4th 9th 9st 9st 2nd 2nd 2nd 3rd 202nd 2nd 3rd 202nd 2nd 20

The following shall be added to the 8th sentence of the first instance court in the second instance, 21th sentence."

In light of the fact that the standard elevator for the confirmation of direct production in the notice of this case only prescribes the general and common matters that a small and medium enterprise owner should have in order to fulfill the obligation of direct production, and that a small and medium enterprise obtained the verification of direct production by being equipped with the essential facilities prescribed by the Act on the Promotion of Development of Agricultural and Fishing Villages, it is reasonable to view that a small and medium enterprise owner should be equipped with the necessary machinery to directly carry out the essential process if there is any machinery necessary to directly carry out the required process. According to the notice of this case, the elevator's "processing" includes "processing" among the manufacturing process of the elevator, and the "processing ordering person" refers to the manufacturing process of parts through the process such as cutting, cutting, saving, punching, rashing, rashing, painting, color, etc., which means the manufacturing process of parts in compliance with the elevator's demand. Thus, the work of cutting and melting the steel plates, which are the raw materials in accordance with the design drawing, must be directly carried out by the Plaintiff

2. Determination on the grounds for appeal

A. Article 9(2) of the Act on the Development of Market Support for the Reasons for Appeal by the Plaintiff is the Minister of SMEs and Startups.

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