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(영문) 서울고등법원 2019.06.12 2018누77076
종합쇼핑몰거래정지처분취소
Text

1. The defendant's appeal is dismissed.

2. After filing an appeal, the costs shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasons for this part of the case are as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance. Thus, this part of the case is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

2. The nature of the measure suspending the instant transaction

A. The term “disposition”, which is the subject of an appeal litigation of relevant legal principles, means “the exercise or refusal of public power as an enforcement of law with respect to specific facts by an administrative agency, and other corresponding administrative actions”

(1) Article 2(1)1 of the Administrative Litigation Act provides that an administrative agency’s act may be subject to appeal litigation may not be determined abstractly and generally, and shall be determined individually by taking into account the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, the actual relation between the act and the disadvantage suffered by interested parties, such as the other party, and the principle of administration by the rule of law and the attitude of the administrative agency and interested parties related

(See Supreme Court en banc Decision 2008Du167 Decided November 18, 2010, etc.). B.

1) Act on the Use and Promotion of Electronic Procurement (hereinafter “Electronic Procurement Act”)

According to Article 12(1) and (3) of the Public Procurement Service may establish the Electronic Procurement System to deal with the procurement affairs electronically, and determine and publicly notify standards for the establishment and operation of the Electronic Procurement System (Article 12(1) and (3). Accordingly, the former Public Notice of the Public Notice of the Public Notice of the Public Procurement Service (amended by the Public Notice of the Public Notice of the Public Notice of the Public Procurement Service No. 2013-33, Feb. 16, 2016; hereinafter referred to as “public notice of the operation of shopping mall”).

Article 2(1)1 of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”).

) A unit price contract (unit price contract for a third party under Article 7 of the Enforcement Decree of the Government Procurement Act) by the Public Procurement Service or a procuring entity pursuant to Article 22.

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