입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. The Plaintiff is a company running a technology service business in the construction sector.
B. On April 21, 2016, the Plaintiff was awarded a contract for precise inspection services prescribed in Article 7 of the former Special Act on the Safety Control of Public Structures (amended by Act No. 14545, Jan. 17, 2017; hereinafter “former Public Structures Safety Act”) with respect to B facilities in 2016 by determining the contract amount as KRW 53,682,600 from the Defendant.
(hereinafter “instant service contract”). C.
On May 30, 2016, the Plaintiff concluded a subcontract on the instant service with C without the Defendant’s approval, setting the contract amount of KRW 38,000,000,000, and had C perform the instant service.
(hereinafter “instant subcontract”). D.
On June 1, 2018, pursuant to Article 31 of the Act on Contracts to Which a Local Government Is a Party, Article 92(1)2 of the Enforcement Decree of the same Act, and Article 76 of the Enforcement Rule of the same Act, the Defendant imposed a restriction on qualification for participation in bidding for six months (from July 27, 2018 to January 26, 2019) (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, Gap 1, 2, Eul 1-10, the entire purport of the pleading
2. Whether the disposition of this case is legitimate;
A. According to Article 31(1) of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contracts Act”), the head of a local government shall restrict qualifications to participate in tendering within a period of not more than two years, as prescribed by Presidential Decree, against persons likely to undermine the fair enforcement of competition or appropriate implementation of contracts, or persons deemed inappropriate to participate in tendering.
In this regard, Article 92 (1) 2 of the Enforcement Decree of the Local Contract Act provides that a subcontractor violates the restrictions on subcontracting under the Framework Act on the Construction Industry, the Electrical Construction Business Act, the Information and Communications Construction Business Act, and other Acts and subordinate statutes, but the subcontractor violates the obligation to notify subcontracting.