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(영문) 서울행정법원 2020.05.07 2019구합70339
직접생산부적합 판정처분 등 취소청구의 소
Text

1. On June 18, 2019, two names, including B (sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

Reasons

1. Details of the disposition;

A. The Plaintiff, including the status of the parties, is a company established on February 16, 201 for the purpose of manufacturing, installing, removing, etc. B.

Pursuant to Articles 3-4 and 3-5 of the Government Procurement Act (hereinafter referred to as the “Government Procurement Act”), the Defendant designates and publicly announces 104 procurement goods in the nine safety fields related to the safety, life protection, and health and sanitation of the people as “safety management goods” and engages in the quality control of the goods, such as direct production confirmation, quality inspection, and delivery inspection.

In addition, the Defendant established and managed the National Electronic Procurement System pursuant to Article 12 of the Electronic Procurement Use and Promotion Act (hereinafter “Electronic Procurement Act”) in order to electronically perform the procurement work, including the purchase, supply, and management of goods conducted by the government.

B. The Defendant inspected direct production, in accordance with the safety management plan for the year 2019 from February 2, 2019 to April 2019, conducted the verification of direct production for 68 enterprises registered to participate in the bid for the manufacture of “B” among the safety management materials in the field of life safety.

As a result, there are 19 decisions on simple cancellation on the ground of the interruption of the term of validity, 17, and 38 companies that supplied B through public procurement contracts and supply demands for the last two years, which were found to be inappropriate on the ground of refusal to submit or investigate false documents for the delivery of other companies.

C. As a result of examining the Plaintiff’s direct production verification during the aforementioned inspection period, the Defendant’s standard for the verification of direct production of manufactured goods by the Public Procurement Service (FF Public Notice on July 30, 2018; hereinafter the same shall apply)

On June 12, 2019, in accordance with the determination of direct production under Article 18(1) [Attachment I], the Plaintiff notified the Plaintiff of the determination of secondary conformity, refusal of investigation, and submission of false documents on the grounds that the name of other products was supplied. 2)

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