부정당업자 입찰참가자격 제한 제재 처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, a company engaged in the processing and distribution business of livestock products, etc., has been mainly engaged in the supply of food materials, etc. necessary for providing meals to schools.
B. Where the head of a local government, etc. intends to conclude a purchase contract, he/she shall, in principle, undergo open tendering procedures, but where he/she concludes a purchase contract of 20 million won or less, he/she may conclude a contract by a negotiated contract without undergoing open tendering procedures. In such cases, the head of a local government,
[The Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contracts Act”)]
(1) Article 9(1) proviso and (3) of the former Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (amended by Presidential Decree No. 28211, Jul. 26, 2017; hereinafter “former Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party”)
Article 25(1)5(b), etc.) of the Act. Accordingly, the Minister of Government Administration and Home Affairs has established and implemented “standards for the tender of local governments and the execution of contracts,” which are guidelines with which the heads of local governments, etc. shall comply when performing contractual duties, including criteria for the selection of persons subject to
C. In accordance with the above criteria, “a person who fails to comply with a contract or submits a written waiver within three months from the due date for submission of written estimates with the pertinent local government within three months” shall not enter into a negotiated contract with a disqualified person who is disqualified for such negotiated contract, and a contracting officer may enter into a preferential contract with a person who is disqualified for such negotiated contract, and a contracting officer may enter into a contract by submitting a written statement to the effect that he/she is not disqualified in accordance with a certain form in order to promptly verify
(2) Local governments;