1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Details of the disposition

A. On May 18, 2017, the Plaintiff, a corporation, engaged in the manufacturing of clothing products, entered into a contract with multiple suppliers on the employee clothes (goods classification number B: B; hereinafter “instant employee uniforms”) with the Administrator of the Public Procurement Service. On September 5, 2017, the Plaintiff entered into a contract for modifying the contract amount, etc. on September 5, 2017.

(hereinafter referred to as "the multiple suppliers contract of this case" in each of the above contracts

Upon entering into the instant contract with multiple suppliers, the Plaintiff and the Administrator of the Public Procurement Service determined the products to be supplied to be inspected by C (hereinafter referred to as “C”) as a specialized inspection institution, and attached the conditions of the special quality control of the purchase contract (amended by the PO Directive No. 1492, May 24, 2018; hereinafter referred to as “the special conditions of this case”).

C. According to the contract with the supplier of the instant case, the Plaintiff registered the employee uniform in the national master shopping mall, which is the national master electronic procurement system, and supplied it at the request of the procuring entity, and some of the results of the inspection conducted by C were as follows. The degree of defects as a result of the inspection conducted on November 7, 2017 was determined as “serious defects”.

On November 7, 2017, December 15, 2017, 2017, the date of the inspection report, the date of November 4, 2017, the date of passing the conditional passing passing of the reduction on November 30, 2017, with the result of the inspection conducted on November 30, 2017, for the supply inspection (re-inspection) of F Elementary School Inspection Classification in E-School E-School Education Center, on December 15, 2017.

D. Pursuant to Article 13 of the Decree on the Organization of the Government Procurement Service and its affiliated agencies, and Article 9-2 (4) 8 of the Enforcement Rule of the Organization of the Government Procurement Service and its affiliated agencies, the Defendant, who is in charge of follow-up management, etc. of the disposition of failure to pass an inspection by a specialized institution, shall be based on Article 21(1) of the Administrative Procedures Act, on November 8, 2017, on the ground that the instant employee uniforms failed to pass an inspection by