1. All of the instant lawsuits are dismissed.

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

Details of the disposition

On July 30, 2015, the Defendant issued three months (hereinafter “instant disposition”) based on Article 39 of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”), Article 15(1), (2), and (4) of the Rules on Contracts to Public Corporations and Quasi-Governmental Institutions, Article 76(1)7 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “State Contracts Act”), Article 76(1) [Attachment 2] of the Enforcement Rule of the State Contracts Act, on the ground that the Plaintiffs were “a person who has engaged in collusion in connection with the bidding of Saemangeum Flood Control Construction Works (Dongjin Three Tools),” and imposed a restriction on the qualification for participation of unjust enterprisers in bidding (hereinafter “instant disposition”).

The Plaintiffs filed the instant lawsuit seeking the revocation of the instant disposition, and filed an application for the suspension of execution of the instant disposition with this Court 2015A643, and on August 7, 2015, rendered a decision that “The instant disposition shall cease to have its effect until 21 days after the instant judgment was pronounced” (hereinafter “decision to suspend the execution of this case”).

On August 13, 2015, the President: (a) imposed administrative sanctions, such as restrictions on participation in bidding (including bidding reduction points) imposed by construction enterprises and construction engineers on August 14, 2015; (b) “Special Amnesty and Special Reduction and Exemption Measures” (hereinafter “Special Reduction and Exemption Measures”); (c) on August 25, 2015, the Minister of Land, Infrastructure and Transport, etc. publicly announced specific guidelines on the scope of cancellation of administrative sanctions on construction enterprises, etc. among the Special Reduction and Exemption Measures in the instant case; and (d) the main contents thereof are as follows:

Ⅲ Scope of administrative dispositions released; and

1. Disposition on or before August 13, 2015, a summary of the administrative disposition subject to cancellation, which is a tender qualification restriction (including a reduction point at the time of determination of the other party to the contract, such as participation qualification examination, examination of qualifications, etc.; hereinafter the same shall apply) or a disposition which causes restriction on participation in bidding.