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's explanation concerning this case is limited to Article 2-2 of the judgment of the court of first instance.
2) Inasmuch as Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are the same as the reasoning of the judgment of the first instance except for dismissal as follows:
2. The appellate judgment No. 2-C in the part of the judgment of the first instance.
2) On the second argument, the disposition imposing restrictions on qualification for participation of unjust enterprisers under Article 27(1) of the State Contracts Act is a measure to impose sanctions on a person who is deemed likely to undermine fair enforcement of competition or appropriate implementation of a contract, or inappropriate to participate in a tendering procedure. Such sanctions imposed on a violation of administrative regulations are sanctions based on objective facts, i.e., violation of administrative statutes, to achieve administrative purposes. As such, the sanctions are imposed upon a contractor, etc., under the proviso to Article 76(1) of the Enforcement Decree of the State Contracts Act, “Where the contractor, etc. has not been negligent in giving due attention and supervision to prevent such act,” barring special circumstances, such as “where the contractor, etc., has not neglected to exercise the duty of care and supervision to prevent such act, it may be imposed even if there is no intention or negligence on the violator, barring special circumstances (see, e.g., Supreme Court Decisions 98Du5972, May 26, 2000; 207Du517, Sept. 27, 2003).
Article 76(1)10 of the Enforcement Decree of the State Contracts Act (see Supreme Court Decision 91Nu3710, Aug. 13, 1991). Where an employee of the other party to a contract, etc. gives a bribe to a relevant public official in connection with bidding, successful bid, or the conclusion or performance of a contract, he/she shall, without delay, restrict the other party to the contract, etc.'s participation in bidding for between one month and two years, and the other party