2019 Asia 10703 Suspension of Execution

A Stock Company

Law Firm LLC et al., Counsel for defendant-appellant

[Defendant-Appellant]

The Minister of SMEs and Startups

March 14, 2019

1. On January 25, 2019, the enforcement of each disposition to revoke the eligibility to participate in competitive tendering process open only to small and medium enterprises and to restrict the acquisition of eligibility to participate in competitive tendering process conducted by the respondent on January 25, 2019 shall be suspended until the date on which 30 days have passed from the date the judgment of this court on the revocation of qualification to participate in

2. The remainder of this case is dismissed.

On January 25, 2019, the respondent's effect of revocation of qualification to participate in competitive tendering process open only to small and medium enterprises, restriction on acquisition of qualification to participate, and payment of penalty surcharge shall be suspended until the date on which 30 days elapse from the date of adjudication of the claim for revocation, such as revocation of qualification to participate in competitive tendering process at small and medium enterprises, which the respondent has made on

According to the applicant's explanation, the above disposition of revocation of qualification to participate in competitive tendering process open only to small and medium enterprise proprietors, and restriction of acquisition of qualification to participate is recognized as urgently needed to suspend the validity of the disposition in order to prevent damage which may arise to the applicant due to its effect and otherwise, it is not deemed that there is a need to suspend the validity of the disposition in order to prevent damage which could occur to the applicant due to its validity. However, it is difficult to deem that the above disposition of payment of a penalty surcharge is an urgent need to suspend the validity of the disposition in order to prevent damage which could occur to the applicant due to its validity. Accordingly

March 14, 2019

The presiding judge, deputy judge;

Judges Lee Jae-Un

Judges Yellow-nam