beta
(영문) 서울고등법원 2018.04.11 2017누69672

중소기업자간 경쟁입찰 참여자격 취소 및 참여자격 취득제한 처분 취소 청구의 소

Text

1. Restrictions on the acquisition of qualifications for participation in competitive bidding among small and medium entrepreneurs (six months) among the lawsuits against the corrected defendant.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows. In addition to adding “ex officio judgment on the part of the claim for revocation of a restriction on qualification to participate in competitive bidding (six months) among small and medium enterprisers” as stated in the judgment of the court of first instance (including the attachment thereof, but excluding the part of the judgment on March 20), it is identical to the reasoning of the judgment of the court of first instance (including the attachment thereof, and excluding the part of the judgment on March 20), and thus, it shall be cited as it is in accordance with Article 8(2)

Under 3, "the defendant" shall be deemed to be "the Administrator of the Small and Medium Business Administration".

3 Under the 3rd below, the “instant Disposition” shall be added to the right side of the “Revocation of Qualifications to Participate in Competitive Tender” (hereinafter referred to as the “instant Disposition”).

3. Not less than 4~5 (hereinafter referred to as “instant disposition”) shall be deleted from the 3rd page.

3. On the right side, the defendant, corrected by the amendment of the Government Organization Act, has succeeded to all the powers of the Administrator of the Small and Medium Business Administration related to the instant disposition and the limitation on acquisition of participation eligibility."

The 6th 6th 6th son’s “the first argument” is referred to as “the first and the second argument.”

6 The 6th 12 conduct " and the acquisition of participation eligibility is restricted for six months" shall be considered as "a disposition".

The Administrator of the Small and Medium Business Administration may, where he/she cancels the participation qualification, restrict the acquisition of participation qualification within one year from the date of cancellation."

7-3 to 4 Pursuant to Paragraph 5, “The Administrator of the Small and Medium Business Administration may restrict the acquisition of participation eligibility within one year from the date of revocation where the participation eligibility has been revoked.”

The 7th 9-10 of the 7th 9th 19th 7th 10 states "the revocation of participation eligibility" and "six months of restriction on the acquisition of participation eligibility" as "the revocation of participation eligibility".

7 last 7.