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(영문) 서울행정법원 2020.06.19 2018구합60427

제안비용 지급신청에 대한 거부처분 취소 등 청구

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1. The part of the instant lawsuit by the Minister of Land, Infrastructure and Transport against the defendant is dismissed.

2. The plaintiff's defendant.

Reasons

On November 20, 2015, the Plaintiff submitted a proposal for a public-private partnership project to build C sections among B Highway (hereinafter “instant project”) implemented by the Ministry of Land, Infrastructure and Transport pursuant to the Act on Public-Private Partnerships in Infrastructure (hereinafter “Private Investment Act”).

(hereinafter “instant proposal”). The summary of the instant proposal is as follows:

The competent authority: The project section of the Ministry of Land, Infrastructure and Transport: The total project cost of the 60-month project: The total project cost of the 200,72 billion won (separate 4,05.6 billion won): the 7,93.8 billion won: JT 4; the 4-6-lane 4-6-lane 18 December 2015; the Minister of Land, Infrastructure and Transport requests the competent authority to review the project under Article 23(1) of the former Enforcement Decree of the Public-Private Partnerships Act (amended by Presidential Decree No. 29726, May 7, 2019; hereinafter referred to as the “PMAC”); the Minister of Land, Infrastructure and Transport determines to meet the requirements for the public-private partnership project under Article 23(1) of the former Enforcement Decree of the Public-Private Partnerships Act (amended by Presidential Decree No. 2776, Dec. 18, 2015; hereinafter referred to as the “Public-Private Partnership Act”). The proposal shall be reviewed to the competent authority under Article 27(3).

In accordance with Article 96(1) of the former Master Plan for Public-Private Partnership Projects (amended by the Ministry of Strategy and Finance No. 2020-26 of Feb. 10, 2020), a private business entity, which is implemented by the PIMAC, requested a survey on the propriety of the estimation of demand, and the analysis of costs and benefits compared to the promotion of fiscal projects as stated in the project proposal submitted by the private business entity.

The project of this case.