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(영문) 의정부지방법원 2019.07.11 2017구합14682
중도매업 재허가신청 거부처분 취소 등
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 is a legal entity that, on October 1, 2010, engaged in intermediate wholesale business with permission from the Defendant for intermediate wholesale business on October 1, 2010 to September 30, 2017 (hereinafter “B”) with the term of validity of permission from the Defendant.

B. Pursuant to Article 21 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural and Fishery Products Distribution Act”) and Article 97 of the former Ordinance on the Management and Operation of the Agricultural and Fishery Products Wholesale Market (hereinafter “Management Ordinance”), the president of the Gui Agricultural and Fishery Products Corporation (hereinafter “Corporation”) who is delegated the management authority of the B market by the Defendant, the founder of the B market, was delegated with the management authority of the B market pursuant to the Ordinance on the Management and Operation of the City Agricultural and Fishery Products Wholesale and Fishery Products (hereinafter “Corporation”) established the standards for granting permission for

The plaintiff filed an application for re-permission for intermediary wholesale business with the president of the Corporation.

C. On September 13, 2017, the president of the Corporation: (a) held a Committee for Deliberation on Re-permission for Intermediate Wholesale Business (hereinafter “Committee for Deliberation on Re-permission”); (b) determined the standard points for re-permission (where the points calculated in accordance with the evaluation criteria for re-permission for intermediary wholesale business fall short of the standard points for re-permission, the method of withdrawing from the enterprise subject to re-permission); and (c) recommended the Defendant to renew intermediary wholesale business on September 18, 2017 based on the results thereof.

On September 27, 2017, the Defendant approved the re-approval of intermediary wholesale business to a company subject to re-approval of intermediary wholesale business, recommended by the president of the Corporation, and notified the president of the Corporation thereof. The Plaintiff failed to obtain the re-approval of intermediary wholesale business on the ground that the points calculated in accordance with the evaluation criteria for re-approval of intermediary wholesale business fall short of the standard points for re

(As above, the defendant's disposition that does not include the plaintiff as a person subject to renewed license is "disposition of rejection of renewed license" (e).

On September 29, 2017, the president of the Corporation applies for the renewal of the permission for intermediary wholesale business to the Plaintiff on September 29, 2017.

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