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(영문) 서울행정법원 2016.07.15 2016구합50594

입찰참가자격제한처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a local public corporation established by Seoul Special Metropolitan City pursuant to the Local Public Enterprises Act and the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of SH Corporation.

B. On July 10, 2013, the Defendant issued a public notice of bid for construction works on the 6,8 complex apartment complexes and elementary school construction works (hereinafter “instant construction works”), and on September 17, 2013, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the Defendant (hereinafter “instant construction contract”) by selecting as a successful bidder in the said bidding.

The contents of Article 26 of the Special Conditions for the Construction Contract included in the instant construction contract are as follows.

Article 26 (Sanctions against Non-Performing Construction, etc.) (1) The defendant may take the following sanctions against various non-performing matters in relation to this contract separately from the limitation on bidding stipulated in the Local Contract Act, Article 31 of the Local Contract Act, Article 92 of the Enforcement Decree of the Enforcement Decree, and Article 76(1) of the Enforcement Rule. This criteria apply to the construction ordered by the defendant, separate from the limitation on bidding stipulated in the Local Contract Act. Separately, the limitation on the standard of limitation on the qualification of unjust enterprisers's participation in bidding shall apply to the construction ordered by the defendant. The number of recent three years in which the report and civil petition filed due to the defects in the management of subcontracting, the payment of subcontract consideration, the report on the termination of the contract, the absence of the contract, the delayed payment of wages, etc. were verified as the violation of the regulations - the number of times in the past three years - the reported and civil petition received at least three times - the reported and civil petition received at least

C. On April 7, 2015, 201, 2015, 20070 filed an application to commence rehabilitation proceedings with the Seoul Central District Court, while carrying out the instant construction, and the said court (hereinafter “Rehabilitation Court”) appointed the Plaintiff as a custodian, when it rendered a decision to commence rehabilitation proceedings with respect to the Sejong Company.

The defendant around April 21, 2015, is a company Gyeongnam-gu.