1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for admitting the reasoning of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, in addition to the portion to be determined additionally in paragraph (2) below, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. The portion to be determined additionally

A. Article 11(3) of the former Act on the Development of Market Support for the Plaintiff’s assertion that “where falling under Article 11(2)3 of the former Act on the Development of Market Support, the confirmation of direct production for all products received by the relevant small and medium enterprise should be revoked.” However, if the above provision is deemed to be revoked in a case where the degree of infringement on public interest is considerably low, the degree of infringement on basic rights is excessive compared to the public interest to be protected, and thus, it is in violation of the principle of excessive prohibition.

B. The part concerning Article 11(3) of the former Act on Support of Development of Agricultural and Fishing Villages, which provides that a small and medium enterprise owner shall cancel the verification of direct production for all the products verified by the small and medium enterprise owner in cases where the products for which the determination of direct production was verified are produced are supplied by sub-production or purchase of finished products of another company, is a provision prepared to protect small and medium enterprises that directly produce products and secure effectiveness of the competition system between small

As if a small and medium enterprise directly produces products that have not been directly produced, it is necessary to strongly sanction the basis of the direct production verification system. Even if the confirmation of direct production is revoked, a small and medium enterprise owner does not have any limitation on selling products by means other than competitive bidding between the small and medium enterprises, and a small and medium enterprise owner may apply for the confirmation of direct production again after the lapse of the period.