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(영문) 서울행정법원 2016.03.25 2015구합75466
물량배정제외처분취소
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 veterans organization that mainly supplies military clothes to the self-support villages of persons of distinguished service to the State designated by the Minister of Patriots and Veterans Affairs.

B. The GNT was supplied to the Defendant under a private contract and was subject to restrictions on the participation in the tendering procedure on the ground of cost misconduct, etc.

As a result, the amount of outflowed volume allocated by GNT in Busan City was cultivated. On April 16, 2014, the Defendant allocated to the Plaintiff the amount equivalent to 7.5% of the amount of outflowed volume in 2014.

On June 24, 2014, the Defendant entered into a negotiated contract with the Plaintiff on the excessive return from home. The Plaintiff supplied all of them.

C. On April 23, 2015, the Defendant issued a subsequent notice to the Plaintiff as to whether the volume of the brupted out capital was allocated to the Plaintiff in 2015, and the same year.

5. 21. The Plaintiff demanded the submission of a certificate of authorization for profit-making business to verify the qualifications for the negotiated contract.

Article 16 of the Regulations on Assistance to Persons of Distinguished Services to the State (Direction of the Ministry of Patriots and Veterans Affairs) provides that "new products which the State wishes to supply under a free contract pursuant to Article 26 (1) 4 (a) of the Enforcement Decree of the Act to which the State is a Party shall not conflict with those produced by other available villages and veterans organizations: Provided, That this shall not apply where the consent has been obtained from a deceased village and veterans organization." The Ministry of Patriots and Veterans Affairs, based on the above provision, requests for approval of profit-making business for items in which other veterans organization such as a deceased village and a deceased village, etc., makes a request for approval of profit-making business with the consent of the existing veterans organization, and thus, the Ministry of Patriots and Veterans Affairs may not issue a profit-making business approval without the consent of the veterans organization whose items are already approved."

On September 24, 2015, the defendant did not allocate the amount of the removed volume to the plaintiff.

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