부정당업자제재처분취소 청구의 소
1. Disposition that the Defendant rendered against the Plaintiff on April 15, 2014, restricting participation in bidding by unjust enterprisers on April 25, 2014 to October 24, 2014.
1. Details of the disposition;
A. The Plaintiff is a company that manufactures and sells power generation equipment and industrial equipment, and the Defendant’s business objective is the development of power resources, etc., and was designated as “other public institutions” pursuant to Article 5 of the Act on the Management of Public Institutions (hereinafter “Public Institutions Management Act”) on January 24, 201, and was changed to “market-type public enterprises” under Article 201-1 of the Ministry of Strategy and Finance’s notification pursuant to Article 6 of the Public Institutions Management Act.
B. On June 24, 2008, the Plaintiff entered into a contract with the Defendant to supply “B” of the nuclear power plant in the period of KRW 1,225,378,206 (hereinafter “instant contract”).
C. When the Plaintiff supplied the goods to the Defendant as a result of the performance of the instant contract, the Plaintiff submitted the forged material analysis report and the test report (No. 3-1-4, hereinafter “instant test report”) as follows.
1) The title of the issuing authority (1) No. 1 of the title of the contract. < Amended by Presidential Decree No. 21348, Apr. 13, 2009; Presidential Decree No. 20635, Apr. 13, 2009; Presidential Decree No. 20613, Apr. 13, 2009; Presidential Decree No. 20613, Apr. 20, 2009; Presidential Decree No. 20614, Apr. 20, 2009; Presidential Decree No. 20614, Apr. 2, 2009; Presidential Decree No. 20135, Apr. 13, 2009; Presidential Decree No. 20130, Apr. 13, 2009>
D. Accordingly, on April 15, 2014, the Defendant: (a) on the ground that the Plaintiff constitutes “a person who submitted forged or altered documents regarding tendering or contract”; (b) Article 39 of the Act on the Management of Public Institutions; Article 15 of the Rules on the Contract Affairs of Public Corporations and Quasi-Governmental Institutions (hereinafter “Rules on the Contract Affairs of Public Corporations”); Article 76 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party (hereinafter “State Contract Act”); and Article 26 of the Defendant’s Contract Rules.