입찰참가자격제한처분취소
1. The Defendant’s disposition of restricting participation in bidding for three months against the Plaintiff on April 6, 2017 is revoked.
2...
1. Details of the disposition;
A. In 2011, the Plaintiff reported the performance of 4,702,000 won of the 4,702,000 protective shelter installation and removal to the Korea Electrical Construction Association as the result of electrical construction.
However, the installation and removal of the above protection center was not an electrical construction.
In 2011, the Plaintiff had a record of electrical construction of KRW 1,078,15,000, except for the performance of KRW 4,702,00.
B. In 2013, the Plaintiff reported the result of electrical construction of KRW 1,788,00 to the Korea Electrical Construction Association.
The above corporation, the original contractor, subcontracted to the Plaintiff, and the lot construction corporation reported its performance to the Plaintiff.
The Plaintiff had worked for the electrical construction of KRW 2,781,220,000, except for the performance of the above KRW 1,788,000 in 2013.
C. In 2014, the Plaintiff reported to the Korea Electrical Construction Association the performance of the electrical construction of KRW 145,664,000 to the Korea Electrical Construction Association.
However, among the above performance, the performance amounts to KRW 98,539,00 was not only KRW 98,539,000, and the remainder KRW 47,125,00 was reverted to the year 2013, thereby making up KRW 47,125,00.
The Plaintiff had worked for the electrical construction of KRW 2,160,520,000, except for the performance of KRW 47,125,000 in 2014.
From 2012 to 2016, the Plaintiff was assessed as having the capacity to perform the construction work, including the aforementioned erroneous portions reported, in total 208 bids conducted by the Defendant.
E. On July 18, 2016, the Plaintiff voluntarily reported the performance of the said three electrical construction works to the Korea Electrical Construction Association, upon the recommendation of the Korea Electrical Construction Association to voluntarily report the false performance.
Upon receipt of such notification from the Korea Electrical Construction Association, the Defendant is a party to the former Act on Contracts to Which the State is a Party (amended by Act No. 14038, Mar. 2, 2016; hereinafter “former State Contracts Act”), Article 27(1) of the former State Contracts Act, and the former State.