The position of the plaintiff et al. as to the background of the decision and disposition falls under the "business entity" under Article 2 subparagraph 1 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 1119, Nov. 2, 201; hereinafter referred to as the "Fair Trade Act"), which is a person engaged in construction business, and falls under the category of "business entity" under Article 2 subparagraph 1 of the former Monopoly Regulation and Fair Trade Act.

The construction work for the Incheon Urban Railroad 2 Line Construction Work, Incheon Urban Railroad 2 (hereinafter referred to as the “instant construction work”) was divided into 201 to 216 construction sections, and the design and a package deal method of construction and construction work is a package deal method (Turn-Key) contract method in which a package work executor takes charge of both design and construction work, and the ordering person concludes a contract with a single constructor, and the constructor provides all services, such as financing, purchase of land, design and construction and operation, to the ordering person (However, the construction section 206 is an alternative tender (tender at a price lower than the original design, which reflects the original design presented by the ordering agency). The tender was conducted as a package deal method.

The person qualified for design shall be determined as the successful bidder after giving a specific weight to the design score and price score from among the eligible design persons (not less than 80 points), and the person whose total score is the highest.