부정당업자 입찰참가자격 제한 취소
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 company whose purpose is to conduct feasibility study and planning projects for civil engineering and construction.
B. On May 18, 201, the Plaintiff entered into a contract with the Defendant on the “B basic and implementation design service contract for the construction of public sewage treatment plants (hereinafter “B”). On May 9, 2012, the Plaintiff entered into a contract on the “C Corporation (hereinafter “C”)’s basic and implementation design service contract (hereinafter “each of the instant design service contracts”) respectively.
C. The Plaintiff, who was in charge of obtaining orders from B and C, was sentenced to imprisonment with labor on August 28, 2014 from the Changwon District Court, and on March 2, 2015, the sentence became final and conclusive on March 2, 2015.
[Chowon District Court 2014 high-level 16-1, 2014 high-priced 27 (Consolidated), Busan High Court 2014No294, Supreme Court 2015Do573]
On July 28, 2014, the Defendant rendered a disposition to restrict participation in bidding for two months from August 11, 2014 to October 10, 2014 pursuant to Article 31(1) of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”), Article 92(1)10 of the Enforcement Decree of the same Act, and Article 76(1) [Attachment Table 2] of the Enforcement Rule of the same Act, on the ground that “The Defendant provided relevant public officials with money or property benefits in connection with the conclusion and performance of each design service contract of this case” to the Plaintiff.
(hereinafter “instant disposition”) e.
The Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission on July 28, 2014, but it dismissed the appeal on October 29, 2014.
[Ground of recognition] A.