Where the head of a local government purchases a registered utility model, the method of concluding a contract therefor.

In full view of Article 52-3 of the Local Finance Act, Article 58 of the Enforcement Decree of the Local Finance Act, Article 112(1)1 of the Enforcement Decree of the Budget and Accounts Act, and Article 39 subparag. 2(a) of the Rules on the Management of Contract Affairs, the head of the local government may make a private contract when he purchases the registered goods, but may make it possible for the head of the local government to achieve the purpose of business even by purchasing other goods.

Article 53-3 of the Local Finance Act, Article 58 of its Enforcement Decree, Article 112(1)1 of the Budget and Accounts Act

[Judgment of the court below]

Attorney Lee Jong-soo, Counsel for the plaintiff-appellant

Seoul High Court Decision 81Gu275 delivered on January 25, 1983

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

1. On August 197, the judgment of the court below was rendered by the Governor of Gangwon-do that it was possible to reduce the number of seals to the plaintiff by using the 19-year connecting machine to the above 19-year connecting machine for the purpose of purchasing the 19-year connecting machine for the above 0-year connecting machine for the purpose of purchasing the 1-year connecting machine for the purpose of purchasing the 1-year connecting machine and the 1-year connecting machine for the 1-year connecting machine for the above 0-year connecting machine for the purpose of purchasing the 1-year connecting machine for the 1-year connecting machine. The plaintiff's connecting machine for the 1-year connecting machine for the purpose of purchasing the 1-year connecting machine for the above 0-year connecting machine for the 1-year connecting machine for the purpose of purchasing the 1-year connecting machine for the above 0-year connecting machine for the purpose of purchasing the 1-year connecting machine for the 1-year connecting machine for the purpose of removing the 1-year connecting machine.

2. According to Article 52-3 of the Local Finance Act, the head of a local government shall make a public notice to make a sales contract and attach it to general competition. However, if it is deemed necessary in light of the purpose and nature of a contract, it may depend on a negotiated contract as prescribed by the Presidential Decree. According to Article 112(1)1 of the Enforcement Decree of the Budget and Accounts Act which is applicable mutatis mutandis by Article 58 of the Enforcement Decree of the Local Finance Act, if it is impossible for a specific person to compete with technology, service, equipment or specific location, structure, quality, etc. according to the nature or purpose of a contract, a negotiated contract may be made if determined by the Minister of Finance and Economy, and if it is not possible for the plaintiff to purchase the goods from a private contract other than the general public contract, the court below's decision that it can be justified for a private contract to establish and purchase the goods of this case as stated in Article 39 subparagraph 2 of the Rules on Contract Affairs (amended by the Ordinance of the Ministry of Finance and Economy No. 1261 of May 20, 1978).

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-young (Presiding Justice)