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(영문) 대전고등법원 2019.10.31 2019누11536
입찰참가자격제한처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are deemed legitimate even if the evidence submitted in this case are comprehensively examined by

Therefore, the reasoning of the judgment of this court is as follows, in addition to adding the judgment of the court of first instance as to the plaintiff's argument of the trial, since the reasoning of the judgment of the court of first instance is as stated in Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination

A. The summary of the Plaintiff’s assertion is that the Defendant only stated only the statutory provisions on the basis of the disposition in the instant disposition, but did not state any time to any person who is a public official concerned in connection with tendering or the conclusion of a contract, who provided money and valuables or pecuniary benefits.

The defendant violated the duty to present reasons under Article 23 of the Administrative Procedures Act with respect to the disposition of this case. The disposition of this case is unlawful.

B. Determination 1) When an administrative agency takes a disposition, it shall, in principle, present the basis and reasons for the disposition to the parties (Article 23(1) of the Administrative Procedures Act). In such cases, the administrative agency shall specifically state the facts causing the disposition and the relevant statutes or municipal ordinances and rules, which form the basis for the disposition (Article 14-2 of the Enforcement Decree of the Administrative Procedures Act: Provided, That in light of the grounds for the disposition that excludes the arbitrary decision of the administrative agency and allows the parties to properly cope with the administrative remedy procedure, and the purport of the system, if the parties presented reasons to the extent that they could know the grounds, such disposition cannot be deemed unlawful

In this case, the "case of presenting the reason" shall be the whole of the contents of the written disposition and the relevant statutes and the relevant disposition.

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