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(영문) 서울행정법원 2017.08.10 2017구합61720

입찰참가자격제한처분취소

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 February 201, the Plaintiff entered into a contract for the “production, installation, and electrical construction of a water distribution team” (hereinafter “instant contract”) with the Korea Electrical Construction Corporation in which the contract amount is KRW 52,80,000,000, and subsequently reported the instant construction work to the Korea Electrical Construction Corporation under the Electrical Construction Business Act and the Enforcement Decree thereof.

B. The Korea Electrical Construction Association notified the Defendant of the Plaintiff’s performance of electrical construction in 2011, which included the instant construction work, and the Defendant registered this on the National Integrated Electronic Procurement System.

The actual results of the Plaintiff’s electrical construction in 2011, which was registered, had been based on the 85 bid in which the Plaintiff participated from 2012 to 2016.

C. On October 2016, the Plaintiff reported to delete the instant construction from the performance of electrical construction in 2011, and the Korea Electrical Construction Association notified the Defendant of this fact.

Accordingly, on April 6, 2017, the Defendant reported the instant construction work as the result of electrical construction performance and rendered a disposition to restrict the qualification for three months based on Article 27(1) of the former Act on Contracts to Which the State was a Party (amended by Act No. 14038, Mar. 2, 2016) and Article 76(1)8 of the former Enforcement Decree of the Act on Contracts to Which the State was a Party (amended by Presidential Decree No. 27475, Sept. 2, 2016) (hereinafter “instant disposition”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 of this case is required by the Korea Electrical Construction Association, stating the “production supply” as the “production supply” on the tax invoice.