부정당업자 입찰참가자격제한 처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 7, 2014, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of a large number of suppliers who manufacture and supply the drinking fountain 430 units from April 7, 2014 to November 30, 2015.
(hereinafter “instant contract.” The instant contract does not simply manufacture and supply 430 drinking fountains to the Defendant, but also requests each end-user institution to manufacture and supply drinking fountains to the Plaintiff as the goods were purchased from the Internet shopping mall. The Plaintiff is manufacturing and supplying the drinking fountains requested within the maximum of 430 times.
B. On July 15, 2015, the Defendant examined whether the Plaintiff had eight items (including drinking fountains) registered to participate in the Plaintiff’s factory, and confirmed that the Plaintiff did not hold the erosculous, cosing, cutting, and sexual organs necessary for direct production of drinking water.
On July 22, 2015, the defendant notified the Administrator of the Small and Medium Business Administration and the President of the Korea Federation of Small and Medium Business of the above inspection results and requested the plaintiff to cancel the certification of direct production.
On October 28, 2015, the president of the Korea Federation of Small and Medium Business applied Article 11(2)2, (3), and (5)2 of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Agricultural and Fishing Villages (hereinafter “Market Support Act”). In accordance with Article 11(2)2, (3), and (2) of the Act on Promotion of Purchase of Small and Medium Enterprise Products, the Plaintiff’s confirmation of direct production with respect to steel products and metal fences
C. On November 16, 2015, the Defendant notified the Plaintiff of the termination of the instant contract pursuant to Article 11(6) of the Act on Development of Agricultural and Fishing Villages, and requested the Plaintiff to submit an opinion on sanctions against unjust enterprisers. On December 10, 2015, the Enforcement Decree of the Act on Contracts to Which the State Is a Party (hereinafter “State Contract Act”) is Article 76 of the Enforcement Decree of the said Act.