부정당업자제재처분취소
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. Details of the disposition;
A. The Plaintiff is a company that manufactures and sells heat equipment, manufactures and sells machinery and equipment, etc.
On January 24, 2011, the Defendant was designated as a “other public institution” under Article 5 of the Act on the Management of Public Institutions (hereinafter “Act on the Management of Public Institutions”) with the purpose of developing electric resources, and was changed to a “market-type public corporation” under Article 2011-1 of the Ministry of Strategy and Finance’s notification pursuant to Article 6 of the Act on the Management of Public Institutions.
B. On December 27, 2007, the Plaintiff entered into a goods supply contract (hereinafter “instant contract”) with the Defendant on the part of the pipe pipes of the brickd building to be used in the said 3 and 4 seasons (hereinafter “instant contract”). On October 30, 2009, the Plaintiff entered into a goods supply contract with the Defendant on the part of the pipe pipes of the brickd building to be used in the said 3 and 4 seasons (hereinafter “instant contract”).
In concluding each of the contracts in this case, the plaintiff and the defendant included the defendant's contract rules and the contract work guidelines (the name was changed by the contract rules enforcement rules, and the contract work guidelines (hereinafter "the contract work guidelines") in the contract contents.
C. From July 24, 2008 to December 13, 2011, the Plaintiff did not have any originals with respect to steel plates, etc. used for goods supplied while performing each of the instant contracts, or submitted a copy of each test report of attached Table 1 stating the specifications, etc. differently from the original (hereinafter “each test report of this case”). D.
On March 6, 2015, the Defendant: Article 26(1) of the Defendant Contract Rules; Article 97(1)8 and [Attachment Table 10] 10(b) on the ground that the Plaintiff constitutes “a person who forges, alters, or wrongfully uses documents relating to tendering or contract or who submits false documents.”
Pursuant to this item, a disposition that restricts participation for six months (from March 12, 2015 to September 11, 2015) in the tender conducted by the Defendant (hereinafter “instant disposition”).