The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. As to ground of appeal No. 1, a contract that the Administrator of the Public Procurement Service receives a request for entering into a contract from a procuring entity pursuant to Article 5-2 (1) or (2) of the Public Procurement Service Act and concludes accordingly (hereinafter “request procurement contract”) constitutes a contract for a third party, which is merely a beneficiary, and the procuring entity becomes a party to the contract

(See Supreme Court Decision 2002Da74947 Decided January 28, 2005, etc.). Meanwhile, Article 2 of the Act on Contracts to Which the State is a Party (hereinafter “State Contracts Act”) provides that with respect to the scope of its application, the above Act shall apply to contracts to which the State is a party, such as contracts to which the State is a citizen of the Republic of Korea as the counter-party, and Article 3 provides that contracts to which the State is a party shall be governed by the provisions of this Act, except as otherwise provided in other Acts. Thus, the State Contracts Act shall apply as a matter of course to contracts to which the State is a party for which the State is a beneficiary as the counter-party,

However, the provisions of the State Contracts Act applicable to a request procurement contract under the above legal doctrine are limited to the provisions concerning private law (private law) based on the premise that the State is in an equal relationship with the citizen as a private economic entity, and cannot be deemed as a matter of course to apply the provisions concerning administrative disposition that naturally causes an indive effect to the people

In particular, if the Administrator of the Public Procurement Service intends to impose restrictions on qualification for participation in bidding under Article 27 (1) of the State Contracts Act on behalf of a procuring entity on behalf of a procuring entity, it is merely a performance of contract duties requested by a procuring entity, there is a basis for business entrustment, including the basis for the right to receive or the right to receive.