logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.06.22 2018구합50246
거래정지처분취소
Text

1. The Defendant’s disposition to suspend trading for three months (from January 4, 2018 to April 3, 2018) that the Plaintiff rendered on January 3, 2018.

Reasons

1. Details of the disposition;

A. On May 18, 2017, the Plaintiff, a corporation, engaged in the manufacturing of clothing products, entered into a contract with multiple suppliers on the employee clothes (goods classification number B: B; hereinafter “instant employee uniforms”) with the Administrator of the Public Procurement Service. On September 5, 2017, the Plaintiff entered into a contract for modifying the contract amount, etc. on September 5, 2017.

(hereinafter referred to as "the multiple suppliers contract of this case" in each of the above contracts

According to the contract with the majority supplier of this case, the Plaintiff registered the employee uniforms, etc. in the national comprehensive shopping mall operated by the Defendant in accordance with the national comprehensive electronic procurement system, and supplied them at the request of the procuring entity.

The special terms and conditions of the quality control of the purchase contract of the Gu (amended by the Guidelines of the Public Procurement Service No. 1492, May 24, 2018; hereinafter “the special terms and conditions of this case”) attached to the purchase contract of the majority supplier of this case are stipulated as follows.

Article 14-2 (Handling of Failure to Inspect Inspection of Goods Subject to Unit Price Contracts) (1) If a failure to pass an inspection conducted by the Public Procurement Service or by a specialized institution among goods subject to unit price contracts occurs, a public official in charge of contracts or an inspection officer shall determine the degree of the defect (such defect, serious defect, and defect) including the extent of the defect, and shall take the following measures for the relevant detailed name of the other party to the contract (the relevant detailed name of the commodity classification number 10; hereinafter

Provided, That the period of suspension of transactions or suspension of allocation may be reduced within the scope of 1/2 in consideration of the details of failure or the degree of harm, etc., and in such cases, the minimum period of suspension of transactions or suspension of allocation shall be at least one month.

2. Failure twice (the second failure): Suspension or suspension of transactions in shopping malls for a month or suspension of allocation - Suspension or suspension of transactions in shopping malls for three months: Suspension or suspension of transactions in shopping malls for three months or suspension of allocation - Suspension of transactions in shopping malls or suspension of allocation: Suspension or suspension of allocation for six months.

C. The Defendant failed to pass the inspection twice by a specialized institution.

arrow