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(영문) 서울행정법원 2017.03.02 2015구합70515
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 company whose business purpose is manufacturing, processing, assembling, and selling launch vehicles, weapons, etc.

B. From 2011 to 2012, the Plaintiff entered into 11 goods supply contract with the Defendant for eight items, such as low-level detection radar parts (hereinafter “instant contract”), and supplied eight items (hereinafter “each item of this case”) to the Defendant by subcontracting the manufacture of parts to the subcontractor.

C. Around August 2013, the Agency for Defense Technology and Quality Assurance confirmed that eight of the test reports submitted by a company that supplies goods to the Defendant (hereinafter “the test reports of this case”) submitted by the Plaintiff during the course of performing the instant contract and received from the collaborative company was altered.

On August 4, 2015, the Defendant issued a disposition to restrict the Plaintiff’s participation in bidding for three months from August 11, 2015 to November 10, 2015, by applying Article 27(1) of the former Act on Contracts to Which the State is a Party (amended by Act No. 14038, Mar. 2, 2016; hereinafter “former State Contracts Act”); Article 76(1)8 of the Enforcement Decree of the State Contracts Act (amended by Presidential Decree No. 26829, Dec. 31, 2015; hereinafter “former Enforcement Decree of the State Contracts Act”); Article 76 [Attachment 2] of the former Enforcement Rule of the State Contracts Act (Amended by Ordinance of the Ministry of Strategy and Finance No. 533, Feb. 1, 2016); Article 76 [Attachment 2] 10(b) of the former Enforcement Rule of the State Contracts Act.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 7 (including branch numbers) and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. Whether there exist grounds for disposition under Article 76(1) main sentence and 8 of the former Enforcement Decree of the State Contracts Act, one of the former State Contracts Act

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