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(영문) 서울고등법원 2018.09.14 2018누36471
부정당업자제재처분 무효확인 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The Defendant’s act on March 14, 2016 to the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the part of the judgment of the court of first instance from 2, 11 to 16, except for partial dismissal, addition, or deletion as follows:

Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

6. 8 pages 6. The following shall be added:

In addition, whether “the hearing of opinions is deemed significantly difficult or clearly unnecessary” should be determined in light of the nature of the relevant administrative disposition, and it shall not be determined in consideration of the circumstances that the other party to the disposition has already been aware of the violation of the administrative agency or had the opportunity to state opinions prior to the prior notification of the disposition (see, e.g., Supreme Court Decision 2016Du4181, Oct. 27, 2016).

9. The Act on the Management of Public Institutions in the 15th place shall be amended to the "Act on the Management of Public Institutions".

9. The term "paragraph 1" of the 16th parallel act shall be changed to "paragraph 2".

9. The 17th page "State Contract Law" is higher than the following:

In comparison with Article 27(1) of the former State Contracts Act, “The improper businessman whose participation in tendering is restricted is deemed to be likely to undermine the fair enforcement of competition or the appropriate implementation of contracts, or to be inappropriate to participate in the bidding,” the improper businessman from 11th to 12th 12th e.g., “from the perspective of Article 27(1) of the former State Contracts Act.”

Even if the permanent disposal capacity and the business plan constitute false documents, a public institution, such as the defendant, should restrict participation in bidding pursuant to Article 39 of the Public Institutions Operation Act, except in extenuating circumstances, and in such a case, more strict disposal requirements than those under the former State Contracts Act shall apply as seen earlier. However, the following shall be added to 18th 23th 23th :

Article 22 (Hearing of Opinions)

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