입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation established for the purpose of electrical construction business, etc., and the Defendant is a quasi-governmental institution established for the development, power generation, transmission, transformation, and related business of electric resources under the Korea Electric Power Corporation Act
B. On December 29, 2016, the Plaintiff entered into a contract for power distribution works with the Defendant for a branch office that the Defendant’s regional headquarters ordered to do so. The said contract was subsequently amended on July 18, 2018 and October 15, 2018, and its main contents were as follows.
2. Contract title: D;
3. Area in charge: The area under the jurisdiction of the branch office of the District Headquarters B: E, Fdong, Gdong, Hdong, I, J-Myeon, K-Myeon, L pages, M-Myeon, N Dong, Pdong, Pdong and Q Dong.
4. Contract unit cost: 25,548,836 won;
5. Estimated contract amount: 4,114,04,464 won; the contract period: January 1, 2017 to December 31, 2018 (730 days);
C. On November 11, 2018, the Defendant issued a restriction on the participation in a tendering procedure for six months against the Plaintiff (hereinafter “instant disposition”) on the grounds that “R provided a bribe of KRW 56 million to the Defendant’s employees,” and on April 10, 2019, the Defendant issued a restriction on the participation in a tendering procedure for six months to the effect that “the Plaintiff provided a bribe of KRW 176 million to the officers and employees of the agency awarding the contract for the purpose of budgetary allocation and construction convenience” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 6 and 7, and purport of the whole pleadings
2. The plaintiff's assertion
A. Although the Defendant received prior notice and hearing of the grounds for disposition in order to impose restrictions on participation in a tendering procedure, the Defendant did not specifically present the grounds for disposition to the Plaintiff while rendering the instant disposition. Therefore, the above disposition is procedural error.
B. The Plaintiff is not related to the offering of a R’s offer of a bribe as the Defendant’s ground for disposition, and even if not, R’s intent.