1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Details of the disposition;

A. On July 2013, the Plaintiff’s representative director B was convicted of having offered KRW 50 million (hereinafter “instant money and valuables”) to E who was in charge of ordering and managing safety inspection services at the Defendant’s establishment in collusion with C Director D, a foundation corporation (hereinafter “C”) around July 2013.

(J) Goyang District Court Decision 2014Da229 decided November 26, 2015, etc. (Supreme Court Decision 2014Da229 decided Nov. 26, 2015).

On April 11, 2016, the Defendant rendered a disposition of restricting the participation in the tendering procedure for five months against the Plaintiff on the ground that the Defendant provided money or goods in relation to the thorough safety inspection services (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In order to take the instant disposition of procedural defect, the fact that constitutes the cause of disposition, such as the content of the contract related to the provision of the instant money and valuables, must be specified in the instant disposition. However, since the Defendant stated only “the provision of money and valuables in connection with the service of precise safety diagnosis and thus limiting qualification for participation in bidding” in the instant disposition, there is procedural defect not specifying the reason of disposition. 2) The instant disposition is not sufficient evidence to acknowledge the Defendant’s assertion that there was no reason for disposition in relation to the Plaintiff’s performance of the contract, but is not related to the Plaintiff’s bid or performance of the contract. Even if the money and valuables were provided for the Plaintiff’s interest, a bid or contract related to the provision of the instant money and valuables should be specified in order to take the instant disposition. At the time of offering the money and valuables, the Plaintiff did not have any contract in relation to the Defendant, and the money and valuables in this case were related to the Defendant’s allegation that they were related