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(영문) 서울행정법원 2015.12.22 2015구합57413
부정당업자 제재처분 취소청구의 소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against all the plaintiffs.

Reasons

In addition to the purport of the evidence Nos. 1 and 2, the Defendant issued a disposition of restriction on participation in bidding (two years from March 20, 2015 to May 19, 2015; hereinafter “instant disposition”) on the ground that he/she conspired with the Plaintiffs in relation to the bidding for construction works B on March 12, 2015 (this case’s disposition is still effective by the stay of execution as of March 18, 2015); ② The Government may recognize the specific guidance on the removal of participation in bidding within the scope of the instant disposition, including restriction on participation in bidding for construction enterprises and construction engineers on August 13, 2015 (including bid reduction).

According to the above facts, since the disposition of this case was cancelled by the special reduction and exemption measure of this case and its effect became extinct, the lawsuit of this case is unlawful because there is no interest in the lawsuit seeking cancellation of the disposition of this case as the plaintiffs.

Therefore, all of the plaintiffs' lawsuits of this case are dismissed.

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