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(영문) 광주고등법원 2019.12.26 2019누11889

입찰참가자격제한처분 취소 청구

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court in this case concerning the acceptance of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is dismissed as follows. Thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

(Other contents asserted by the plaintiff in this court are not significantly different from the contents asserted by the plaintiff in the first instance court, and even if all the evidence submitted to the court of first instance and this court were examined, the judgment of the first instance court that rejected the plaintiff's assertion is justifiable). The five pages "Nos. 1, 2, 6, 7" were cited as "Nos. 1, 2, 6, 7 and 10."

The 5th page 2 through 1 of the 5th page from the 5th page, “the fact that the appeal is pending in court” was lodged with the Supreme Court Decision 2019Do7234, but the appeal was dismissed on August 14, 2019, and became final and conclusive as it is.”

Even if there were no specific favorable results in relation to the instant contract that the Plaintiff takes charge of in the course of allocating the additional budget for power distribution corporation, the offering of O’s bribe in light of the purpose and details of the offering of a bribe, the relationship between theO and the Plaintiff, and the fact that the Plaintiff and the Defendant entered into the instant contract, etc., may be evaluated as cases where the Plaintiff, in itself, sufficiently offered a bribe to the relevant public officials in relation to the execution of the instant contract. The Enforcement Rule of the State Contract Act of the 13th five parallels of the “Enforcement Rule of the State Contract Act” was amended as the “Enforcement Rule of the State Contract Act (Amended by Ordinance of the Ministry of Strategy and Finance No. 751, Sept. 17, 2019).”

16 Under 16, the "Enforcement Rule of the Act on Contracts to which the State is a Party" shall be amended to "Enforcement Rule of the Act on Contracts to which the State is a Party (amended by Ordinance of the Ministry of Strategy and Finance No. 751 of September 17, 2019)".

2. The plaintiff's conclusion is that of this case.