입찰참가자격제한처분취소
1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On April 24, 2014, the Defendant rendered a disposition of restricting the participation in the tendering procedure for two years from May 2, 2014 to May 1, 2016 (hereinafter “instant disposition”) by applying 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 there was collusion for a specific person’s successful bid in competitive bidding on the Plaintiff A and the Plaintiff B, who was the representative director of the Plaintiff Company A and the Plaintiff B, and on the grounds that “construction work for the Incheon Urban Railroad 2 Line C Section” and “construction for the Incheon Urban Railroad 2 Line D Section” (hereinafter “instant disposition”).
B. The Plaintiffs 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 2014da10301, and received the ruling of acceptance on May 1, 2014.
C. On August 13, 2015, the Government announced the “Special Amnesty and Special Reduction and Exemption Measures” (hereinafter “Special Reduction and Exemption Measures”) to release a construction company and construction engineer from a disposition of administrative sanctions, such as restrictions on participation in the tendering procedure (including bid reduction points) as of August 14, 2015.
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. The main contents are as stated in the “main contents of the instant guidelines.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 2 through 5 (including paper numbers), the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
(a) The details of the relevant statutes are as shown in the attached statutes;
B. The latter part of Article 12 of the Administrative Litigation Act provides that even after the effect of the disposition, etc. is extinguished due to the lapse of the period, the execution of the disposition, etc., and other reasons, a person who has legal interest in the cancellation of the disposition, etc. may file a lawsuit for cancellation.