1. Revocation of the first instance judgment.

2. The Defendant’s participation in bidding for three months against the Plaintiff on August 30, 2017.

1. Details of the disposition;

A. The Plaintiff is a company running the construction business of electric facilities, etc., and the Defendant is a public corporation under the Act on the Management of Public Institutions (hereinafter “Public Institutions Act”), which is established by the Korea Highway Corporation and carries out the construction and management of roads and its related projects.

B. The Plaintiff and the Defendant concluded a “B” contract with the term of the contract from January 23, 2015 to December 31, 2015, and upon the expiration of the said term, concluded a “C” contract with the period from January 15, 2016 to December 31, 2016.

(hereinafter “instant contract”). The ground for sanctions: Article 15 of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (hereinafter “Rules on Contract Affairs”) and Article 27(1)8 of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”).

(A) Article 76(1)1 of the Enforcement Decree of the State Contracts Act.

The date of sanctions: The expiration date of September 4, 2017: December 3, 2017: Specific grounds for sanctions for three months: Submission of false documents concerning the instant contract.

C. On August 30, 2017, the Defendant issued a disposition to restrict the Plaintiff’s qualification for participation in bidding of unjust enterprisers for three months (hereinafter “instant disposition”) on the ground that “the submission of false documents regarding the contract” was “the submission of false documents regarding the contract.” The main contents of the instant disposition notice are as follows.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3-7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 39(2) of the Public Institutions Act, which served as the basis for the instant disposition, provides that a disposition to restrict participation in bidding may be imposed on “where it is obvious that the fair competition or appropriate implementation of a contract would be hindered” and provides strict requirements for the restriction of participation in bidding. As such, the Defendant’s disposition to restrict participation in bidding against the Plaintiff.