입찰참가자격제한처분취소
1. Of the instant lawsuit, the Defendant’s disposition of restricting the participation in the tendering procedure against the Plaintiff on September 29, 2017.
1. Details of the disposition;
A. 1) The Plaintiff is a company that engages in the chemical fiber manufacturing business and the product comprehensive wholesale business. 2) The Defendant was designated as a public institution pursuant to Article 5(1) of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”) as a corporation that engages in the power resources development business, etc., and was changed to a market-type public corporation on January 24, 201.
B. The plaintiff 1 of the previous disposition is annexed to the attached Form
1. The list and the attached list;
2. As indicated in the list, the Defendant determined the successful bidder in advance with C (hereinafter referred to as “C”), E Co., Ltd. (hereinafter referred to as “D,” and F Co., Ltd. (hereinafter referred to as “C”), E Co., Ltd. (hereinafter referred to as “E”), and F Co., Ltd. (hereinafter referred to as “F”), and agreed on the bid price, etc., among the purchase bids of B (hereinafter referred to as “B”) ordered by the Defendant from April 2005 to April 2013, 2013, and implemented the bid price, etc.
(2) The Fair Trade Commission Act (hereinafter “Fair Trade Act”) provides that the Plaintiff shall be subject to the Fair Trade Act (hereinafter “Fair Trade Act”) with respect to all collusion activities.
() On February 9, 2015, on the ground of violation of Article 19(1) Subparagraph 8, the Plaintiff ordered corrective measures pursuant to Articles 21 and 22 of the said Act and imposed a penalty surcharge of KRW 530 million on the Plaintiff (hereinafter “Fair Trade Commission’s resolution”).
(3) On June 23, 2015, the Defendant rendered a disposition to restrict the participation in a tendering procedure for one year and six months from August 17, 2015 to February 16, 2017 to the Plaintiff and its representative director on the following grounds:
(hereinafter “previous Disposition”). Article 39 of the applicable Act and subordinate statutes, Article 39 of the former Act on the Management of Public Institutions, the former Rules on the Contract Affairs of Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 571, Sep. 12, 2016)