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(영문) 대구지방법원 2020.10.22 2020구합22369
입찰공고 무효 확인청구 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Qualifications for participation in bidding;

(a) The requirements under Article 13 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party and Article 14 of the Enforcement Rule of the same Act shall be met;

B. As of the date of the public announcement of tender, permission for waste collection and transportation business (household waste, type of business: 1224) under Article 25 of the Wastes Control Act shall be obtained. A person whose business area is within the Daegu Metropolitan City (Seoul Metropolitan City, autonomous Gu/Gun) and who can submit a permit document by changing the business area to “Tgu Metropolitan City B” by the date of submission of the qualification examination document.

On November 29, 2019, the Defendant publicly announced a tender to select a service company (hereinafter referred to as “instant tender”) in relation to the service in Daegu-gu Seoul Metropolitan City B-ro, Daegu-gu, as follows (hereinafter referred to as “instant public notice”). The Defendant presented the qualification to participate in the bidding as follows.

B. The Plaintiff participated in the instant bid, but fell short of the successful bid, and the E Company was selected as a senior company and was awarded a successful bid.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 1, the purport of whole pleading

2. Whether the lawsuit of this case is lawful

A. The term "administrative disposition", which is a general subject of appeal litigation 1, is an act under the public law of an administrative agency, which directly interferes with the rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, and giving rise to other legal effects. Thus, an act that does not directly cause legal changes in the legal status of the other party or other interested persons, such as an act inside the administrative authority or a de facto notification, cannot be subject to appeal litigation, and it is necessary to take measures to eliminate the legal anxiety or disadvantage of the people derived from an administrative action.

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