logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.10.14 2016구합4942
우수제품지정취소처분 취소
Text

1. The Defendant’s revocation of the designation of an outstanding product made to the Plaintiff on June 20, 2016 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. A. Around April 10, 201, the Defendant: (a) designated the LED name produced by the Plaintiff (sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

B. On March 20, 2015, the Defendant: (a) designated the ED lighting (sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

(Designated Number D, Designation Period from March 20, 2015 to March 19, 2018; hereinafter referred to as "Designation of Excellent Products No. 2).

On December 29, 2015, the Defendant rendered a bribe to the Plaintiff on December 29, 2015 by the Plaintiff’s president E in the course of concluding and executing a contract on the instant first product.

(In Incheon District Court Decision 2015Gohap546 Decided December 29, 2015, the judgment was pronounced guilty, and the above judgment was hereinafter referred to as "relevant criminal judgment") imposed a limitation on qualification for participation in bidding for six months.

On June 20, 2016, the Defendant revoked the designation of the instant 2 products, deeming that the instant 1 product and the instant 2 product name number identical to the instant 2 product are related to the relevant product subject to sanctions as unjust enterprisers, in accordance with Article 22(1)10 of the Regulations on Designation and Management of Excellent Procurement Commodities (amended by the Public Notice No. 2016-25, Jul. 22, 2016; hereinafter “instant Notice”).

(hereinafter referred to as the "disposition of this case"). . [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 through 9, and evidence 14, the purport of the whole pleadings.

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

(a) Article 9-2 (3) of the Procurement Act does not meet the first designation criteria, such as exemplary procurement commodities, etc. designated by the Administrator of the Public Procurement Service.

arrow