The judgment of the first instance shall be revoked.

On March 21, 2014, the defendant's limitation of qualification for participation in bidding against the plaintiff on March 21, 2014.

1. The summary of the case and the facts premised on the case

A. The summary of the case is that the Plaintiff, who was subject to a sanction that restricts participation in bidding for 45 days on the ground that the Plaintiff’s employee violated the Enforcement Decree of the Act on Contracts to Which the State is a Party (amended by Presidential Decree No. 25358, May 22, 2014; hereinafter “Enforcement Decree of the State Contract Act”) by providing money and valuables, etc. to the Defendant’s employees in relation to the integrated maintenance and repair entrustment contract for information systems between the Plaintiff and the Defendant, sought revocation of the disposition by asserting that there was no ground to impose the Defendant’s improper disposition against the Defendant, or

The first instance judgment dismissed the Plaintiff’s claim on the ground that the Plaintiff’s employee’s offering of money and valuables, etc. to the Defendant in relation to the conclusion or performance of the contract, and thereby doing so would undermine fair competition or appropriate implementation of the contract, and thus, the Defendant’s disposition of restricting qualification for participation is not an abuse of discretion. The Plaintiff appealed against this.

[The Defendant’s disposition of sanction against the Plaintiff was suspended until December 31, 2014, which was the date of the first instance court’s decision, according to the stay of execution (Seoul Administrative Court 2014Guhap5804) on March 31, 2014 (Seoul Administrative Court 2014Guhap5804), and its execution has been suspended until the date of the final judgment of this court pursuant to the stay of execution (Seoul High Court 2015Ga15) of this court. [Related Acts and subordinate statutes]

B. (1) The plaintiff is a company with the purpose of establishing a system integration project, computer system, sales, maintenance and repair of communications equipment, leasing business, entrusted operation business, etc., and the defendant is Article 38 of the Industrial Technology Innovation Promotion Act.