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(영문) 대구고등법원 2015.11.13 2015누5642
부정당업자제재처분취소청구
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 reasoning for the court’s explanation of this case is as follows: “No. 23801” that means “No. 24601” that means “No. 35 of the judgment of the court of first instance and “No. 11” that means “No. 24601”; and the Defendant’s assertion in the trial is identical to the reasoning for the judgment of the court of first instance, except for adding the judgment as described in the following Paragraph 2. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination

A. Defendant’s assertion 1) The Act on the Management of Public Institutions (hereinafter “Act on the Management of Public Institutions”) provides the basis for the instant disposition.

Article 39 of the former Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 375, Nov. 18, 2013; hereinafter “Rules on Contract Affairs of Public Corporations”)

Article 15 of the former Enforcement Decree of the Act on Contracts to Which the State is a Party (amended by Presidential Decree No. 24601, Jun. 17, 2013; hereinafter “Enforcement Decree of the State Contract Act”).

Article 76 (1) 8 of the Enforcement Decree of the State Contracts Act does not require the submission of false documents to be determined by the requirement that the person who submitted the relevant documents was either forged or altered, or recognized that they were false documents. Since sanctions imposed on the violation of administrative regulations are sanctions imposed upon the objective facts of violation of administrative regulations in order to achieve administrative purposes, barring special circumstances, it may be imposed even without intention or negligence on the violator, barring special circumstances. In addition, the general condition of the purchase contract for the purchase of goods (Evidence A 3) incorporated into the contents of the instant contract by the Plaintiff and the Defendant pursuant to the purchase contract for the purchase of goods (Article 35 (1) of the evidence No. 4) (Article 35 (1) of the Enforcement Decree of the State Contracts Act) of the Defendant incorporated into the content of the instant contract by the purchase contract for the purchase of goods (Article 35 (1) of the said Act).

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