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(영문) 서울행정법원 2015.02.05 2014구합4641

부정당업자제재처분취소

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 October 2010, the Defendant announced that “B” (hereinafter “instant construction”) the estimated price of KRW 4,033,000,000 (including value-added tax) as to the construction business registered under the Electrical Construction Business Act, “an enterprise which has its principal place of business in Gyeonggi-do for at least 90 days from the date following the date of transfer as of the date of the public announcement of tender (Provided, That the enterprise must continue to exist until the date of the conclusion of the contract),” the beginning date of the application for the participation in the tender as “ October 26, 2010”, and the closing date of the application for the participation in the tender as “5:00 on November 5, 2010”.

B. On December 29, 2010, the Plaintiff, a corporation operating electrical construction business, electric machinery sales business, etc., with its head office located in Gyeonggi-gu Group C, concluded a construction contract with the Defendant for construction works with the term “3,335,291,000 won (i.e., value-added 303,208,27 value-added 303,208,273 won)” and “731 days from January 1, 2011 to December 31, 2012”.

(hereinafter “instant contract”). C.

On February 27, 2014, the Defendant offered a bribe to the Plaintiff on the ground that “the Plaintiff provided a bribe to a related employee in connection with the performance of the contract as the counter-party to the instant construction project,” Article 15 of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (Ordinance No. 360 of the Ministry of Strategy and Finance, Sept. 17, 2013; hereinafter “instant Rules”); Article 27(1) of the Act on Contracts to Which the State Is a Party (hereinafter “State Contracts Act”); Article 76(1)10 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; hereinafter “former Enforcement Decree of the State Contracts Act”); Article 76(1)10 of the former Enforcement Rule of the Act on Contracts to which the State is a Party (amended by Ordinance of the Ministry of Strategy and Finance, Jun. 19, 2013).