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(영문) 서울고등법원 2016.08.18 2016누35481
입찰참가자격제한처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is to add "for the reason" in Part 8 of the judgment of the court of first instance, "the head of the demanding agency" in Part 12, "the head of the demanding agency" in Part 18, "the head of the demanding agency" in Part 18, and "(the Fair Trade Commission's imposition of penalty surcharges on the plaintiff company is a disposition against the violation of the Monopoly Regulation and Fair Trade Act," and "(the Fair Trade Commission's imposition of penalty surcharges on the plaintiff company)" in each of the following subparagraphs: "The imposition of penalty surcharges on the plaintiff company is a disposition against the violation of the Monopoly Regulation and Fair Trade Act" (including each number), and it is recognized that the plaintiff company has paid the penalty surcharges imposed by the Fair Trade Commission pursuant to Article 20 through 22 (including each number). It is also identical to the reasons of the judgment of the court of first instance other than that stated in Section 2, and therefore, it shall be cited in accordance with Article 8

The plaintiffs asserted as to the plaintiffs' assertion in the trial of the party, while Article 5(1) of the Public Procurement Act provides for the procurement contract between multiple suppliers under paragraph (1) and the procurement contract through competitive bidding between small and medium suppliers under paragraph (2). However, in light of the purport of the limitation on participation in bidding under Article 27 of the State Contracts Act only in the case of competitive bidding under paragraph (2), the defendant asserts that in the case of a procurement contract through competitive bidding between multiple suppliers under Article 5(1) of the Public Procurement Act, the defendant is not able to limit participation in the tendering procedure

Judgment

Article 5 (2) of the Public Procurement Act shall apply to the purchase of standard products above the size prescribed by Presidential Decree from among competitive products for small and medium enterprises under Article 6 of the Act on the Promotion of Purchase of Small and Medium Enterprises and Support for Development of Market Businesses.

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