입찰참가자격제한처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On August 18, 2015, the Plaintiffs entered into a joint contract with the “C Corporation” ordered by the Defendant (hereinafter “instant construction”) and perform the construction work.
B. On October 1, 2016, the Plaintiffs concluded a lease agreement with the equipment company, “D,” which is a equipment company, on October 1, 2016, to load and unload the possessed vehicles necessary for transporting materials underground.
At around 08:47 on the same day, an accident occurred that shocked a car that passed around a nearby road due to the cler's transition while carrying and unloading the car into the second basement through the material entrance in the construction site (hereinafter "the instant work").
(hereinafter “instant accident”). C.
On November 7, 2017, the Defendant rendered a disposition against Plaintiff A (hereinafter “Plaintiff A”) on the ground that it constitutes “a person who causes harm to the public by neglecting safety measures” under Article 31 of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”) and Article 92(1)5 of the Enforcement Decree of the same Act, which restricts Plaintiff B (hereinafter “Plaintiff B”)’s qualification for participation for bidding for four months and three months against Plaintiff B (hereinafter “Plaintiff B”) (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, entry and video of Gap evidence Nos. 4, 8, and 11, and purport of the whole pleadings
2. An entry in the attached Form of relevant Acts and subordinate statutes;
3. Whether the instant disposition is lawful
A. The plaintiffs asserted as to the procedural illegality due to the violation of the duty to present reasons, and filed an application for the imposition of a penalty surcharge in lieu of the restriction on bidding participants pursuant to Article 31-2 of the Local Contract Act during the hearing prior to the instant disposition, but the defendant at the time of the instant disposition without presenting all the grounds for the said refusal.