입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On April 5, 2010, the Plaintiff was awarded a contract for B expansion and other construction work (hereinafter “instant construction work”) from the office of education in Jeonnam-do for KRW 170,712,000, and was awarded a subcontract for the instant construction work to C corporation on April 20, 2010.
On September 7, 2014, the Plaintiff and the representative director of the Plaintiff received a summary order of KRW 5 million (No. 2014 high-ranking 2670) from each of the charges that the Plaintiff violated Article 29 of the Framework Act on the Construction Industry by sub-subcontracting the instant construction work again, and the said summary order became final and conclusive around that time.
Around October 10, 2014, the Do governor, Jeonnam-do, notified the Do governor of the Gwangju District Prosecutors' Office of the violation of the Framework Act on the Construction Industry by the Plaintiff. On December 10, 2014, the Do governor imposed a penalty surcharge of KRW 20,320,000 on the Plaintiff on the ground that the instant construction project was collectively subcontracted to the Plaintiff. The Plaintiff paid the penalty surcharge in full on February 2, 2015.
On August 18, 2015, Jeonnam Do governor notified the Defendant of the above violation of the Framework Act on the Construction Industry.
Accordingly, on November 9, 2015, the Defendant issued a disposition of restricting the participation in the tendering procedure (hereinafter “instant disposition”) against the Plaintiff pursuant to Article 31(1) of the Act on Contracts to Which a Local Government Is a Party (amended by Presidential Decree No. 26899, Jan. 15, 2016; hereinafter “former Enforcement Decree of the Local Contracts Act”), Article 92(1)2 of the former Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (amended by Presidential Decree No. 26899, Jan. 15, 2016; hereinafter “former Enforcement Decree of the Local Contracts Act”); Article 76(1) of the Enforcement Rule of the Act on Contracts to Which a Local Government Is a Party (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence No. 1, pleading.