2017Nu12382 Revocation of qualifications for participation in competitive tendering process open only to small and medium enterprises and qualifications for participation

Revocation of Restriction on Acquisition

A Stock Company

Before correction: the Administrator of the Small and Medium Business Administration

Daejeon District Court Decision 2016Guhap106062 Decided July 12, 2017

April 26, 2018

June 14, 2018:

1. The plaintiff's claim is dismissed.

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

On December 5, 2016, the Administrator of the Small and Medium Business Administration revoked a disposition to revoke the qualification to participate in competitive tendering process open only to small and medium enterprises, and a disposition to restrict the acquisition of qualification to participate in competitive tendering process open only to small and medium enterprises for six months (this court was corrected by the Administrator of the Small and Medium Business Administration in this court, and litigation against the previous defendant is deemed to have been withdrawn pursuant to Article 14 of the Administrative Litigation Act. Therefore, the lawsuit against the previous defendant, which was pronounced by the first instance court, was withdrawn, and the lawsuit is subject to

1. Quotation of the first instance judgment

The reasoning for the court's explanation on this case is as stated in the reasoning of the first instance judgment, except for the dismissal or addition as stated in paragraph (2). Thus, it is acknowledged that the facts established and determined by the first instance court are justifiable even if all of the evidence submitted to the court of first instance are examined in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (the grounds asserted by the plaintiff in this court are not significantly different from the contents asserted by the plaintiff in the first instance court

2. Parts used or added;

A. The part to be dried

On the third side of the judgment of the court of first instance, "the defendant" in the 13th sentence is dismissed as "the Administrator of the Small and Medium Business Administration".

B. Additional parts

1) 제1심판결 제3면 제17행의 "한다)." 다음에 아래 『』 표시 부분을 추가함.

With the amendment of the Government Organization Act by Act No. 14839 on July 26, 2017, the authority of the Administrator of the Small and Medium Business Administration related to the disposition of this case was succeeded to the defendant (hereinafter referred to as "defendants") after the revision of the authority of the Administrator of the Small and Medium Business Administration.

2) On the 6th judgment of the first instance court, the phrase “to participate” is added to the following:

3) On the 12th of the judgment of the court of first instance, the first instance stated that "the plaintiff issued an order" No. 16 of the 12th of the 16th of the 16th of the 2nd of the 2nd of the 2nd of the 196th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3nd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 196th of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd of the 2nd of the 3rd of the 3rd of the 3rd of the 3rd of the 3rd.

4) Following the first instance judgment Nos. 14, 14, “B was the head of the Plaintiff’s business team.” Moreover, “B should take into account the practical role rather than the formal position.”

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Allowable judges of the presiding judge

Judges Gim Hong-s

Judges Dok-Ba