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(영문) 서울행정법원 2018.04.12 2017구합70502
부정당업자 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. The Plaintiff is a small and medium entrepreneur with the aim of manufacturing and selling asphalt concrete (hereinafter “ice concrete”), and was verified by the Korea Federation of Small and Medium Business as to direct production of asphalt products from December 17, 2015 to December 16, 2017 by the Korea Federation of Small and Medium Business.

B. On June 30, 2016, as the local government offices under the jurisdiction of the Defendant, which are the government agencies that perform the business of procuring goods of public institutions through the purchase of goods through the purchase of goods, the Chungcheong Regional Procurement Service entered into a contract for the goods under the terms and conditions of a direct production with the Chungcheongbuk-dong Cooperative Business Cooperative (hereinafter “instant contract”). The Plaintiff, a member of the said cooperative, supplied the goods to B at the site of the instant project (hereinafter “instant site”) by receiving the quantity allocated from the said cooperative on the basis of the instant contract.

C. On December 17, 2016, the Defendant conducted a fact-finding survey on the current status of the production and supply of asphalt, and demanded the Plaintiff to order any inconsistency between the quantity of production and the quantity of shipment on December 17, 2016, and the Plaintiff explained that the Plaintiff supplied 25 tons of asphalt produced by Co., Ltd. (hereinafter “C”) at the instant site, but thereafter, the Defendant began to dispute that the aforementioned vindication was false from the prior notice of the sanctions against unjust enterprisers and the submission of opinions.

(hereinafter referred to as the “instant goods”). D. 25 tons supplied at the instant site (hereinafter referred to as “instant goods”).

Based on the results of fact-finding surveys, the Defendant: (a) Article 27(1) of the former Act on Contracts to Which the State is a Party (amended by Act No. 14839, Jul. 6, 2017; hereinafter “former State Contracts Act”); (b) Article 76(3) of the former Enforcement Decree of the Act on Contracts to which the State is a Party (amended by Presidential Decree No. 28690, Mar. 6, 2018; hereinafter “former Enforcement Decree of the State Contracts Act”); and (c) the Act on Contracts to which the State is a Party.

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