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(영문) 서울행정법원 2016.11.17 2016구합60935
부정당업자제재처분 취소등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The details and details of the disposition are small and medium enterprises engaged in manufacturing, installation, etc., such as heating and cooling equipment, temperature, water resistant, and air conditioners. On November 30, 2012, the defendant Korea Federation of Small and Medium Business, the term "Korea Federation of Small and Medium Business" means a system for air harmony that is made by inserting panch panumsc or air racks, etc. into a single case and made of small-sized softs.

When the air conditioning pipe and electric wires are installed indoors, the air conditioning or heating of the indoor air may be made.

There are shapes to be placed on the floor according to the form of installation, types to be filled on the ceiling, and shapes to be filled on the wall.

was verified for direct production.

On April 2, 2013, the Plaintiff entered into a contract to purchase the procurement commodities with the Defendant’s Administrator of the Public Procurement Service, under a negotiated contract with the Defendant: panch oil unit (standard: 1, 2, and 4 directions for panch oil unit: 40,900,000 won in Ansan-si; 40,900,000 won in supply period: October 13, 2013; 212-1, Ansan-dong 212-1, Ansan-dong Construction Site: on June 18, 2013; and thereafter, on June 18, 2013, the Plaintiff supplied 66 panch oil unit at the time of Gyeyang-si, an end-user institution.

The Defendant’s Administrator of the Public Procurement Service, on March 7, 2016, on the ground that “the delivery of other company products, which are not direct products, was made” to the Plaintiff, does not mean that the former Act on Contracts to Which the State is a Party (amended by Act No. 14038, Mar. 2, 2016) (hereinafter “former State Contracts Act”).

Article 27(1) of this Decree and Article 76(1)1 of the Enforcement Decree thereof (amended by Presidential Decree No. 24601, Jun. 17, 2013; hereinafter the same shall apply) impose a “restriction on participation of unjust enterprisers in bidding (from March 15, 2016 to July 14, 2016)” on the basis of Article 27(1) of this Decree.

Meanwhile, on April 4, 2016, the Korea Federation of Small and Medium Business established the former Act on Promotion of Purchase of Small and Medium Enterprise Products and Development Support (amended by Act No. 13094, Jan. 28, 2015) (hereinafter “former Act on Support of Market Support”) on the ground that the Plaintiff did not perform direct production verification (supply of other products).

§ 11.2.

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