logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.06.21 2017구합50546
입찰참가자격제한처분취소
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. On May 6, 199, the Plaintiff was a small and medium enterprise established for the purpose of the lighting device manufacturing business, the electric tool manufacturing business, and the marp manufacturing business, and operated the above target business with its head office in Kimpo-si B.

B. On October 8, 2012, the Plaintiff was issued by the president of the Korea Federation of Small and Medium Business with a certificate of direct production verification as to indoor lighting fixtures (including ELD equipment) and street lamps (including ELD and control equipment) pursuant to Article 9(4) of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (amended by Act No. 14839, Jul. 26, 2017; hereinafter “former Act on Support of Market Support”).

C. Around 2013, the Defendant: (a) designated the “ED lighting fixtures” manufactured by the Plaintiff as excellent goods for procurement (designated number C and designated period from August 30, 2013 to August 29, 2018), and (b) concluded a contract with the Plaintiff for the purchase of goods with multiple suppliers; and (c) received delivery from the Plaintiff.

On November 11, 2016, the representative D of the Plaintiff was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution on the following criminal facts by the Seoul Northern District Court, for violation of the Act on the Punishment of Fraud and the Support of Development of Market Organizations:

(2015 Gohap375, hereinafter “instant criminal judgment”). A.

On May 8, 2013, Defendant D issued a certificate of direct production that products are directly produced in a factory located in Kimpo-si, Kimpo-si (hereinafter “instant factory”). A third party unit price contract (contract number F) that supplies “LE security, etc.” in the name of the Plaintiff with the Public Procurement Service in the form of limited competition, Defendant D entered into a third party unit price contract (contract number F) with the Public Procurement Service in the name of the Plaintiff, and registered the products in the Internet site site general shopping mall operated by the Public Procurement Service, thereby enabling the Plaintiff to deliver EE security, etc. to the public agency under the Plaintiff’s name.

(A) Around April 25, 2014, Defendant D supplied ESD security, etc. produced by the subcontractor.

arrow