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(영문) 서울행정법원 2014.08.14 2013구합64479
부정당업자 제재처분 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. 1) On May 2012, the Defendant concluded a contract (i) the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support for Development of Market Markets (hereinafter “Small and Medium Enterprise Support Act”).

In purchasing radio transmission receiver designated as competing products only between small and medium entrepreneurs pursuant to Article 6, public notice of purchase of procurement commodities was given to the effect that a contract with multiple suppliers is to be entered into through limited competition for only small and medium entrepreneurs (hereinafter “instant public notice of tender”).

The main contents of the procurement commodities are as follows:

2. Matters concerning application for participation in purchase - A qualified association under Article 9 (2) of the Enforcement Decree of the Act on Promotion of Purchase of Small and Medium Enterprises or Small and Medium Enterprise Products and Support for Development of Agricultural and Medium Enterprises, which is verified directly under the relevant Acts and subordinate statutes, and are qualified to participate in competitive bidding among small and medium enterprises due to new application or amendment of the relevant regulations after concluding a contract with a multiple supplier, one copy of the documents submitted by the multiple suppliers for the termination of the contract with the multiple suppliers of the fixed-term competitive goods even before the termination of the contract (the first document related to the evaluation of eligibility : the documents related to the evaluation of eligibility ] A small and medium enterprise and the certificate of direct production verification.

6.With respect to other matters of interest other than this public notice, the provisions and conditions relating to contracts with multiple suppliers, which are listed below, shall apply and, if there is an amendment to the relevant provisions during the period of the public notice, the progress of the contract after that time is subject to the amendments (such as the implementation of the contract, the conclusion of the contract, the performance of the contract, etc.).

(6) The general terms and conditions of the purchase of goods (manufacture) contract (the Accounting Rules 2200.04-103-17, January 1, 2012), and the special conditions of a contract with multiple suppliers.

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