입찰참가자격제한처분취소
1. The Defendant’s disposition of restricting participation in bidding for six months against the Plaintiff on December 7, 2018 shall be revoked.
2. The costs of lawsuit shall be.
Details of the disposition
On November 14, 2014, the Plaintiff entered into a contract with the Defendant with multiple suppliers for the supply of food and beverage (hereinafter “instant contract”) with the contract amount of KRW 443,050,000, and the contract period from November 14, 2014 to October 31, 2016 (hereinafter “instant contract”). Accordingly, the Plaintiff supplied the instant food and beverage to the end-user institution.
On March 20, 2017, the Defendant survey and analysis team verified that the majority of the companies were supplied as imported finished products from Vietnam, Cambodia, Sri Lanka, etc. as a result of the result of the inspection of the violation of the food production conducted at the request of an external agency in 2016. Accordingly, the Defendant’s survey and analysis team planned to conduct a field survey of direct production for all companies that concluded a contract with the Defendant with multiple suppliers for the priority of direct production in 2017. ① When recognizing the fact that the food production was supplied as other products, the details of the confirmation are written in violation, and ② when the food production was directly produced and supplied, the submission of the documents, such as details of the sales sheet, details of the purchase, and evidence of direct production, was presented to the Plaintiff. However, the Plaintiff did not reply to the Defendant regarding the above official document.
On March 29, 2017 and April 6, 2017, the Defendant sent a new letter to the Plaintiff that urged the Plaintiff to submit the above materials, but the Plaintiff did not reply.
On July 27, 2018, the Defendant shopping mall planning department sent a prior notice of disposition to the Plaintiff along with the official letter stating that “the Plaintiff is expected to restrict participation in bidding pursuant to the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”) due to refusal of direct production verification by the Plaintiff,” and that “the Plaintiff will restrict participation in bidding pursuant to the State Contract Act, etc.,”
hereinafter referred to as "prior notice of this case"
(i) Article 21 of the Administrative Procedures Act (Notice of Submission of Opinions) (Article 21 of the Prior Notice of Disposition).