logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.11.17 2016구합60195
중소기업자간 경쟁입찰참여자격제한처분 취소
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 business entity under Article 2 of the Framework Act on Small and Medium Enterprises, which runs the business of manufacturing and selling ready-mixeds.

B. The Plaintiff issued a small and medium enterprise confirmation form (hereinafter “small and medium enterprise confirmation form”) under the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (amended by Act No. 12499, Mar. 18, 2014; hereinafter “former Act on the Support of Market Support”) from the Defendant, and subsequently, a public institution has offered a bid for ready-mixed supply contract that places an order by means of “competitive bidding between small and medium enterprises” under Article 7 of the former Act

C. On May 3, 2013, the Defendant conducted a fact-finding survey for companies that participated in competitive tendering process open only to small and medium entrepreneurs, and determined that the Plaintiff falls under Article 8-2(1)2 of the former Act on the Promotion of Development of Small and Medium Enterprise Products, Article 9-3 subparag. 2(c) of the Enforcement Decree of the Act on the Promotion of Purchase of Small and Medium Enterprise Products, and Article 9-3(3)2(c) of the Enforcement Decree of the Act on the Promotion of Development of Agricultural and Fishing Villages (hereinafter “Enforcement Decree of the Sales Market Support Act”), and requested a public institution to present its opinion on May 14, 2013.

After that, on June 28, 2013, the Defendant sent to a public institution an official document stating that “if a company subject to restriction on participation applies for the issuance of a small and medium enterprise confirmation document through the public purchase comprehensive information network (www. S.go.k.) at that time, the company is subject to restriction on participation in the competitive bidding of small and medium enterprises pursuant to Article 8-2 of the Sales Promotion Act, with regard to the confirmation document,” attached to the list of the companies subject to restriction on participation, including the Plaintiff, to the public institution.

arrow