입찰참가자격제한처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except for the following modifications or additions. Thus, it shall be accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. The number of pages 5, 12, 9, 4, 27 “B” was 28, written or added to the part of the first instance judgment.
Article 9 of the text of the first instance judgment provides that "The facts (the above judgment is currently pending in the court of final appeal) of the first instance shall be recognized." The defendant's appeal was dismissed on November 24, 2016 (Supreme Court Decision 2016Du48850)."
On the 9th page of the first instance judgment, the following shall be added to the 10th page below:
The Defendant asserts to the effect that the act of the Plaintiff alone constitutes “a person who led to the unity,” in order to be recognized as a collusion under the State Contracts Act and subordinate statutes. As such, the Defendant asserts to the effect that the act of the Plaintiff alone constitutes “a person who led to the unity,” and thus, constitutes “a person who leads to the unity.” However, administrative regulations that form the basis for administrative disposition, such as restriction on participation in a tendering procedure, should be strictly interpreted and applied, and should not be excessively expanded or analogically interpreted in the direction unfavorable to the other party to the administrative disposition (see, e.g., Supreme Court Decision 2007Du13791, Feb. 28, 2008). As such, it cannot be interpreted by expanding its meaning beyond the meaning of “the person who led the collusion,” as alleged by the Defendant.
3. In conclusion, the first instance judgment is just and the defendant's appeal is without merit, and it is so dismissed as per Disposition.