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(영문) 대전고등법원 2020.12.24 2020누11907
입찰참가자격제한처분취소
Text

The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of part of the grounds of the judgment of the court of first instance or supplementation of such judgment as stated in the following Paragraph 2. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2.No. 7 of the 2nd sentence “A corporation” shall be changed to:

As a juristic person, the Special Act on the Safety Control of Public Structures (wholly amended by Act No. 14545, Jan. 17, 2017; hereinafter “former Public Structures Safety Act”).

The Defendant was registered as a specialized safety diagnosis institution under the Local Public Enterprises Act. A local government public corporation established pursuant to the Local Public Enterprises Act in order to manage and operate facilities, among the D lines of national highways, managed C tunnels installed in the section from Y to F in Y in YYY-si, Nam-gu, YY-si (after that, the management entity of the said tunnel was changed to the Ministry of Land, Infrastructure and Transport.

(i) add “the preceding” subsequent to “the preceding” of the second parallel of conduct 13.

After the "Supplementary Plan" in Part 4 of the third paragraph, the "(s)" shall be added to "(s) to submit audit and cadastral measures after a joint inspection with the relevant agencies."

Article 11 of the former Enforcement Decree of the Local Public Enterprises Act (amended by Presidential Decree No. 30729 of June 2, 2020) shall be added to the fourth 11.

From the sixth bottom, the part " shall not be seen above, however, as follows."

However, according to Articles 11-3 and 38(2)3 of the former Act, the Korea Infrastructure Safety Corporation may evaluate the results of precise inspection entrusted by the Minister of Land, Infrastructure and Transport.

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