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(영문) 서울행정법원 2015.03.12 2013구합17435

부정당업자제재처분취소

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 plaintiff is a company aimed at manufacturing, selling, installing, repairing, etc. of elevators, and the defendant is an authority in charge of the affairs concerning contracts for construction of government-owned major facilities for the purchase, supply, and management of commodities under the jurisdiction of the Ministry of Strategy and Finance.

B. On February 1, 2013, the Defendant issued a public notice of tender on February 1, 2013, 201 to select an appropriate service provider for installation of Section A13BL Electrical Construction Section 2 (elevators) by the Korea Housing Corporation Headquarters, a procuring entity, as indicated below (hereinafter “instant bidding”). The Defendant offered a public notice of tender on February 1, 2013, by limiting the qualification for participation to a person who satisfies all the conditions as stated below (qualification for participation).

(이하 ’이 사건 입찰공고‘라 한다). [입찰사항] 구매관리번호 : 12-13-2-0266-00 수요기관 : 한국토지주택공사 파주사업본부 계약방법 : 제한경쟁 품명 : 엘리베이터 수량 : 1.000 단위 : 식 분할납품 : 가능 입찰방법 : 제한(총액) 입찰(개찰)일시 : 2013. 2. 15. 14:00 납품기한 : 2014. 4. 15. 추정가격 : 923,740,000(부가가치세 별도) 입찰건명 :파주운정 A13BL 전기공사 2공구 지급자재(승강기) 입찰방식 : 전자입찰 전자입찰저접수개시일자 : 2013. 2. 14. 13:00 전자입찰서마감시일시 : 2013. 2. 15. 13:00 [입찰참가자격] ◎ 아래의 조건을 모두 충족하는 자

1. A business entity that registers 24101, 241601 of the classification of goods as manufacturing goods by the national master (G2B system) in accordance with the National Comprehensive Electronic Procurement System Registration Regulations (Amended by January 14, 2013), as qualified to participate in the tender by the date preceding the deadline for bidding;

2. The person holds a certificate of direct production (the name of a product: an elevator and the name of a detailed product) pursuant to Article 9 of the Act on Promotion of Purchase of Products of Small and Medium Enterprises and Support for Development of Market Organizations and Article 10 of the Enforcement Decree of the same Act;