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(영문) 서울행정법원 2017.03.24 2016구합8326

부정당업자 입찰참가자격 제한 처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Defendant, as an agency in charge of the affairs such as purchase of goods at the demand of government agencies, publicly notifies “standards for the confirmation of direct production of manufactured goods registered with the Government Agency” (hereinafter “standards for the confirmation of direct production”) as one of the quality control for the improvement of the quality of procurement commodities pursuant to the Public Procurement Act, etc., and gives qualification for participation to manufacturers, etc. who are confirmed to produce manufactured goods in compliance with

B. The Plaintiff’s trade name “B” includes a contract method under which two or more parties are parties to a contract by participating in a tender conducted by the Defendant on October 29, 2015 and entering into a contract for the supply of starting bars (200m high, diameter 200m high, diameter 750m high, diameter 220m high, diameter 220m high, diameter 220m high, and diameter 220m high), and the purchase of goods commonly required by each end-user institution on March 8, 2016 under Article 7-2 of the Enforcement Decree of the Act on the Procurement of Procurement Services by Multiple Suppliers Agreement, where it is deemed necessary to meet the diverse demand of each end-user institution in purchasing the goods jointly required by each end-user institution on March 8, 2016.

When multiple suppliers enter into a contract, the goods of the other party to the contract are registered in the "Nater General Procurement Site", and when each procuring entity requests the supply of registered goods, the other party to the contract shall implement the contract by supplying the goods to the procuring entity.

(1) The goods have been supplied to the end-user institution designated by the defendant.

C. However, the Plaintiff used factory buildings in Gwangju Mine-gu C and B 102 together with D, thereby working in a factory.