공급자등록취소 무효확인 등 청구
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Case summary and key issue
A. Review of the reasoning of the lower judgment and the record reveals the following circumstances.
(1) From January 10, 2004 to 2010, the Plaintiff committed a collaborative act, such as setting the share of volume with other companies in the purchase bid conducted by the Defendant, and jointly determining the bidding price. On the ground of this, the Plaintiff was subject to a penalty surcharge imposed by the Fair Trade Commission pursuant to the Monopoly Regulation and Fair Trade Act on January 10, 2014.
(2) On April 15, 2014, the Defendant rendered a disposition to restrict the participation of the Plaintiff for two years pursuant to Article 39(2) of the Act on the Management of Public Institutions (hereinafter “Public Institutions Management Act”) on the ground that the Plaintiff’s bid collusion was conducted.
(3) On September 17, 2014, the Defendant notified the Plaintiff of the revocation of the registration of the supplier and the restriction of the supplier registration for the ten-year period based on Articles 7 subparag. 3 and 31(1)11 of the “Guidelines for Suppliers”, which are the Defendant’s internal regulations, on the ground that the Defendant was subject to sanctions against the Plaintiff by unjust enterprisers.
(hereinafter referred to as “instant trade restriction measure”). (b)
The key issue of this case is whether the trade restriction measure of this case constitutes an administrative disposition subject to appeal litigation.
2. Relevant provisions and legal principles
A. The “disposition”, which is the object of an appeal litigation, means the exercise or refusal of public power as an enforcement of law with respect to specific facts by an administrative agency, and other similar administrative actions.
(2) Whether an administrative agency’s act may be subject to appeal litigation cannot be determined abstractly and generally, and in specific cases, the content and purport of relevant statutes, the subject, content, form, and procedure of the act, and the disadvantage of interested parties, such as the act and the other party.