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(영문) 서울행정법원 2018.06.21 2017구합87333
긴급사전거래정지처분취소
Text

1. The Defendant’s revocation of the disposition of emergency advance transaction suspension against the Plaintiff on November 1, 2017.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff, a corporation operating a traffic safety facility manufacturing and selling business, etc., was verified directly produced by the Korea Federation of Small and Medium Business for the effective period from June 27, 2016 to June 26, 2018, with regard to the term of validity of the steel system, the central separation zone, and the steel file, based on Article 9(4) of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Support for Development of Market Markets and Article 5(3) of the Enforcement Rule thereof

B. On September 28, 2017, pursuant to Article 5 of the Government Procurement Act and Article 7-2 of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree of the Government Procurement Act”), the Plaintiff entered into a contract with multiple suppliers (hereinafter “instant contract”) with respect to the Defendant and the diversys with respect to the contract period from September 28, 2017 to September 27, 2020, and the contract amount of KRW 1,301,50,000 (hereinafter “instant contract”).

C. On November 1, 2017, the Defendant notified the Plaintiff that measures for emergency suspension of comprehensive shopping mall transactions pursuant to Article 22-3(1)1 of the Special Conditions with the Multiple Suppliers Agreement should be taken on November 1, 2017, on the ground that the Plaintiff violated the criteria for confirmation of direct production of the object of the instant contract by purchasing and delivering finished products from other companies.

(hereinafter “instant disposition”) D.

In addition, on December 26, 2017, the defendant issued a disposition revoking direct production confirmation against the plaintiff for the above reasons.

E. Of the special terms and conditions of the contract with multiple suppliers included in the instant contract (No. 2017-73, Jul. 14, 2017; hereinafter “instant special terms and conditions”), the part related to the instant case is as follows.

Article 22-2 (Suspension of Transactions) (1) Where a party to a contract falls under any of the following subparagraphs, a transaction in a comprehensive shopping mall may be suspended for a period from one month to twenty-four months:

1. Where he makes a false entry or exaggerated entry of goods information;

2. Where the country of origin is falsely labeled;

3. Specific.

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