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(영문) 서울행정법원 2014.01.28 2012구합37906

부정당업자입찰참가자격제한처분취소

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. On December 7, 2007, the Plaintiff and Dol Construction Co., Ltd. (hereinafter “Slun Construction”) were jointly awarded a contract for the road construction works (one construction section; hereinafter “the instant construction works”) from the original local land management authority of the Ministry of Land, Transport and Maritime Affairs.

The plaintiff and slun Construction entered into a joint contract operation agreement for performing construction works by dividing a construction section into civil engineering works, and the plaintiff agreed to perform a joint contract operation agreement between 980 and 320 sections.

B. On February 18, 2012, around 14:07, the Plaintiff’s employees E and F died of two alleys due to the falling of earth and stone (hereinafter “instant accident”). Around 240 points in STA.10, which are the part of the Plaintiff’s responsible construction, due to falling rocks in a cut-off site where the cutting-off site was being performed, and the Plaintiff’s employees E and F died of two alleys due to the falling of earth and stone (hereinafter “instant accident”).

C. On July 2, 2012, the Ministry of Employment and Labor requested the Defendant to suspend the participation of the Plaintiff in the instant accident. On July 4, 2012, the Defendant notified the Plaintiff of the restriction on the participation in the qualification of unjust enterprisers, and then notified the Plaintiff of the restriction on the participation in the qualification of the Plaintiff on November 12, 2012, the Defendant issued a disposition to the Plaintiff on November 12, 2012 under the former Act on Contracts to Which the State is a Party (amended by Act No. 11547, Dec. 18, 2012); Article 27(1) of the former Enforcement Decree of the Act on Contracts to which the State is a Party (amended by Presidential Decree No. 24601, Jun. 17, 2013); Article 76(1) [Attachment 2] [Attachment 7(c)(3) and (4) of the Enforcement Rule of the Act on Contracts to which the State is a Party;

On the other hand, the Youngcheon District Court's Young monthly branch is the plaintiff on August 13, 2013.