입찰참가자격제한처분취소
1. All of the plaintiffs' lawsuits of this case are dismissed.
2. The costs of lawsuit shall be borne by each person;
1. On April 24, 2014, the Defendant issued a disposition to restrict the qualification to participate in bidding for two years from May 2, 2014 to May 1, 2016, 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 and (4) of the Enforcement Decree of the same Act on the ground that (i) a stock company A and its representative director A et al. agreed to participate in bid price in advance with bidders in competitive bidding regarding “Tcheon Urban Railroad 2” (hereinafter “State Contract Act”), or (ii) a collusion for a specific person’s successful bid.
(2) The Plaintiff filed the instant lawsuit seeking the revocation of the instant disposition prior to the merger and filed an application for the suspension of execution of the said disposition with the competent court on May 13, 2014 (hereinafter “instant disposition”). The instant disposition was rendered on May 13, 2014, that “The validity of the instant disposition shall be suspended until 30 days 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. A summary of an administrative disposition subject to release on or before August 13, 2015, of tender qualification restrictions (including points at the time of determination of the other party to the contract, such as qualifications to participate in an advance examination, qualifications examination, etc.; hereinafter the same shall apply) or the grounds for restrictions on participation in the bidding.