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(영문) 대전고등법원 2017.12.20 2017누12016
중소기업자간 경쟁입찰 참여자격 취소 및 참여자격 취득제한 처분 취소
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the following modifications, and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

2. Defendant 1’s Subparag. 3 of the amended part 1 should be subject to a disposition based on the statutes that were enforced at the time of the violation, where there were no special provisions on the application of the statutes, in the case of the so-called punitive administrative disposition imposing sanctions against Defendant 1, based on the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support of Market Support (amended by Act No. 13866, Jan. 27, 2016; hereinafter “former Act on the Support of Market Support”).

(A) In light of the following facts, the meaning of “unfair conduct, such as collusion,” as prescribed by Article 8(3)3 of the former Act on the Development of Agricultural and Fishing Villages, is reasonable to interpret the meaning of “an act of a small and medium business proprietor prior to and after the time when the competitive bidder participates in the competitive bidding, thereby impairing the fairness of bidding and causing considerable damage to the bidder, and an act of equivalent or similar to that of the bidder by preventing the successful bidder from forming a reasonable price.” (A) Since the competitive bid system established by the former Act on the Development of Agricultural and Fishing Villages was designed to secure markets for small and medium business proprietors within a certain scope to improve competitive competitiveness, acquisition of eligibility for participation in the competitive bidding is an important element related to the failure of the project.

However, there is a problem.

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