부정당업자 제재처분 취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning the instant case is as follows, except for the modification of the judgment of the first instance and the additional decision under Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, thereby citing it as it is in accordance with the reasoning of the first instance judgment.
The 4th parallel 13th parallel 13th parallel 4th parallel 5th parallel 5th parallel 5th parallel 5th parallel.
Part 5 states that "Article 32 (2) and (3)" are "Article 39 (2), (3), and (5)."
The following shall be added to the 6th page 10:
Article 15 (6) of the Regulations on Business of Public Enterprises, etc. provides that "the head of the agency shall post the name of the business entity, the period of restriction on participation in bidding, the grounds therefor, etc. in an information processing device designated and publicly announced by the Minister of Strategy and Finance", and Article 15 (7) provides that "the head of the agency shall not allow any person whose participation in bidding is restricted by the public corporation or quasi-governmental institution during the relevant limitation period, from participating in bidding conducted by the public corporation or quasi-governmental institution during the relevant limitation period," and the proviso to Article 11 provides that "the person subject to restriction on participation in bidding shall not be allowed from participating in bidding only because he/she agreed in advance among bidders in competitive bidding or agreed to participate in collusion for a specific person's successful bid." However, the extended restriction provisions mentioned above are the grounds or procedural provisions for the extension restriction and are not the grounds for the disposition of this case, and thus, whether such provisions are unlawful does not affect the legitimacy of
Supreme Court Decision 2015Du50313 Decided April 7, 2017 (see, e.g., Supreme Court Decision 2015Du50313, Apr. 7, 201) runs from 2nd to 14nd.
Furthermore, Article 39 (2) and (3) of the Public Institutions Operation Act will hinder fair competition and appropriate implementation of contracts by public corporations and quasi-governmental institutions.