부정당업자제재처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 18, 2008, the Public Procurement Service publicly announced “B 2,3 construction sections bid” (hereinafter referred to as “2 construction sections,” “3 construction sections,” and each bid combined with “instant bid”).
B. The 16 companies except Co., Ltd. (hereinafter referred to as “C”) had a bid statement from C or D Co., Ltd. (hereinafter referred to as “D”) to cover up to 109% of the design amount in six types of the construction work (such as partial construction works, temporary installation works, steel removal works, etc.). On April 1, 2008, the 16 companies covered a bid for construction section.
On the other hand, 16 companies except the Plaintiff (excluding the Plaintiff) received information storage device (USB) containing a bidding statement on the contents of the seven types of work from C or D to 109% high, and put into bidding bidding on April 2, 2008. < Amended by Presidential Decree No. 20619, Apr. 3, 2008>
After that, C was selected as a successful bidder in the second section bidding, and the plaintiff was selected as a successful bidder in the third section bidding.
C. On February 9, 2012, the Fair Trade Commission issued a corrective order and penalty surcharge of KRW 1,344,00,000 under the Monopoly Regulation and Fair Trade Act to the Plaintiff on the ground that “17 companies, including C, agreed to receive a successful bid for each of three sections,” and that “The Plaintiff implemented it.”
The Administrator of the Public Procurement Service notified the result of the resolution by the Fair Trade Commission, and notified the head of the Water Supply Project Headquarters of the Seoul Metropolitan Government that "shall transfer the sanctions against unjust enterprisers."
3. Resolution of the plenary session, No. 2012-019 ( February 9, 2012) of the Fair Trade Commission, which causes the disposition.
4. Restriction on participation in bidding for the extent of not less than 11 months but less than 1 years and less than 1 months from the details of the intended disposition.
5. Article 92(1)3 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”).