입찰참가자격제한처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 15, 2013, the Defendant issued a disposition to restrict the Plaintiff’s participation in bidding for four months from October 23, 2013 to February 22, 2014, pursuant to Article 27(1) of the Act on Contracts to which the State is a Party (hereinafter “State Contract Act”) and Article 76(1)7 of the Enforcement Decree of the same Act, on the ground that the Plaintiff agreed upon the bid price among bidders in advance at each competitive bidding on sections 33 (a) of the “Ssongdong-dong Slaughter project” and six (b) of the “Songnam-dong Do-gu Do-ro Do-ro Do-ro Do-ro Do-ro Do-ro g g g g g g g g g g g g g g g g g g g g g g g g g s.
(hereinafter “instant disposition.” The Plaintiff filed the instant lawsuit seeking the revocation of the instant disposition, and filed an application for the suspension of execution of the instant disposition with this Court 2013da10296, and received a decision on November 14, 2013 that “The instant disposition is suspended from its execution until the date one month has elapsed from the date the instant judgment was rendered.”
On August 13, 2015, the government announced the "Special Amnesty and Special Reduction and Exemption Measures" (hereinafter referred to as the "Special Reduction and Exemption Measures") with the content of releasing from August 14, 2015 a disposition of administrative sanctions, such as restriction on participation in a construction company and construction engineers (including bid reduction points).
On August 25, 2015, the Minister of Land, Infrastructure and Transport, etc. publicly announced the specific guidelines on the scope of cancellation of administrative sanctions against construction enterprises, etc. (hereinafter “instant guidelines”) among the special reduction and exemption measures in this case, and the main contents thereof are as follows:
Ⅲ Scope of administrative dispositions released; and
1. Disposition before August 13, 2015, which has been issued by a construction-related business entity and a construction engineer, as a summary of the administrative disposition subject to release, or a disposition which constitutes the grounds for restrictions on participation in bidding (including a sense at the time of determination of the other party to the contract, such as prior examination to participate in bidding and examination of qualifications;