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(영문) 서울행정법원 2017.01.19 2016구합64050
입찰참가자격제한처분취소
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 corporation established around May 190 for the purpose of running the mechanical facility construction business, the facility maintenance business, etc.

B. On April 15, 2015, the Plaintiff concluded a 12-year general service contract (hereinafter “instant contract”) with the Army B unit (hereinafter “instant unit”) on the condition that the Plaintiff would repair and maintain the total of 24 machinery equipment at the place designated by the instant unit from April 15, 2015 to November 23, 2015 (hereinafter “instant contract”).

C. However, on May 10, 2016, the Defendant rendered a disposition against the Plaintiff on the ground that “the Plaintiff subcontracted the instant contract to the Plaintiff with respect to the maintenance of the seven navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigations without the approval of the ordering agency” (amended by Act No. 14038, Feb. 3, 2016; hereinafter “former State Contracts Act”); Article 27(1) of the former Act on Contracts to Which the State Is a Party; Article 76(1)2 and (2) of the former Enforcement Decree of the State Contracts Act (amended by Presidential Decree No. 27475, Sept. 2, 2016; hereinafter the same shall apply); Article 76(1)2 of the former Enforcement Rule of the State Contracts Act;

hereinafter referred to as the "disposition of this case"

(i) [Facts without dispute over the grounds for recognition, entries in Gap evidence 1 to 3, and purport of the whole pleadings;

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion 1) The Plaintiff did not have any ground for disposition, and caused C, a technician specializing in maintaining air-resistant and temperature habits, to perform the duty of maintaining air-resistant and temperature habits under the instant contract, as it was not capable of directly performing the duty of maintaining air-resistant and temperature habits. In light of the method of a fee agreement, the direction and supervision of the Plaintiff, etc., this constitutes not subcontracting but employment

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