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(영문) 대구고등법원 2015.09.18 2015누4458
부정당업자 입찰참가자격제한처분 취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows, except where the defendant added the judgment as stated in Paragraph 2 below, the reasons for the judgment of the court of first instance: 3. "The period between the third and the 15th third to the 14th to the 15th to the 14th to the judgment of the court of first instance" is the same as the entry that excludes the suspension of execution of the disposition of this case. Thus, the application of Paragraph 2 of Article 8 of the Administrative Litigation Act, the main text of Article 4

2. Additional determination

A. Defendant’s assertion 1) The Defendant’s nuclear power plant (hereinafter “nuclear power plant”).

The grades of parts to be managed for operation are classified into Q (Safety Level), A (Safety Level), and S (General Industrial Classification). Two Q Grade parts are directly related to the safety of nuclear power plant and require high quality and high-level safety. Therefore, only qualified enterprises that passed strict review can be supplied through strict review as they directly require high level of quality and high-level safety. Therefore, ① subcontracting is prohibited in principle for Q Grade parts, and subcontracting shall be subject to evaluation of the subcontractor’s quality assurance capacity (written procedures for quality assurance) by the Defendant even if subcontracting is conducted, and ② the contracting party shall deliver only the goods that passed the test and inspection on its own expenses, and submit a certificate of test and inspection signed by the responsible person (general conditions for the purchase of goods. Nevertheless, the Plaintiff supplied goods through an unqualified subcontractor at his own discretion without the Defendant’s approval, and did not verify the authenticity of the test report, etc. of this case. This constitutes an act that is obviously detrimental to fair competition or proper performance of contract.

In addition, even if the submission of a forged test report did not actually cause any result or damage, it is forged as long as the act itself causes an abstract risk.

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