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(영문) 서울행정법원 2016.09.22 2016구합51078
우수제품지정기간 연장거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details and details of the disposition;

A. In accordance with Article 9-2 of the Procurement Business Act, Article 18 of the Enforcement Decree thereof, and the designation and management regulations of exemplary procurement commodities (hereinafter “sales management regulations”), the Defendant designated the purchasing type and fixed LED etc. (hereinafter “instant products”) as the exemplary procurement commodities produced by the Plaintiff (the designated period: from April 20, 2012 to April 19, 2015). (b) The period extended one time to April 19, 2016 (hereinafter “instant designated disposition”). On October 11, 2014, the Defendant notified the Plaintiff that “this product is subject to the certification of high-efficiency energy equipment” under Article 12(1)16(c) of the Management Regulations, on the ground that it did not notify the department in charge of procurement within 30 days” (Article 21(1)2(c).

On November 12, 2014, the Defendant notified the Plaintiff that “a warning measure” under Article 21(1)2 of the Procurement Management Regulations was “the level of realization of patent technology applied to the instant product (patent No. 10-0970508)” was insufficient.

(D) On October 15, 2015, the Plaintiff applied for the extension of the period of designation of the exemplary procurement goods of the instant product on the ground of the increase in overseas export and domestic sales. On October 19, 2015, the Defendant rejected the Plaintiff’s application pursuant to Article 13(3) Subparag. 4 of the Procurement Management Regulations on the ground of “1 and secondary warning measures” against the Plaintiff on October 19, 2015.

(hereinafter referred to as the “instant refusal disposition”). [Grounds for recognition] without dispute, entry of Gap 2-6 evidence and the purport of the whole pleadings

2. With respect to the first warning of the Plaintiff’s assertion, the Plaintiff notified the “Excellent Product Association” of changes in the right to technology applied to the instant product, and such interpretation is construed as the Public Procurement Management Regulations.

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