2015do1088 Suspension of the execution of a disposition confirming an enterprise subject to restriction on participation in competitive bidding

A Stock Company

1. Administrator of the Small and Medium Business Administration;

2. The Administrator of the Public Procurement Service;

Seoul Administrative Court Order 2015Ka10259 dated March 6, 2015

March 31, 2015

The appeal of this case is dismissed.

1. Purport of request;

On February 17, 2015, the head of the Small and Medium Business Administration shall suspend the effect of measures to confirm enterprises subject to restrictions on participation in competitive tendering process open only to small and medium enterprise proprietors, and measures to restrict participation in competitive tendering process conducted by the Administrator of the Public Procurement Service on January 30, 2015 by the date the Seoul Administrative Court 2015Guhap5653 decided on February 201.

2. Purport of appeal;

Among the decision of the first instance court, the part against the respondent shall be revoked, and all applications filed by the applicant corresponding to the revoked part shall be dismissed.

According to the records, the respondent may recognize that the disposition of the purport of the application made by the applicant is likely to cause irrecoverable damage to the applicant and that it is urgently required to suspend its effect to prevent such damage. However, the data submitted by the respondent alone is insufficient to recognize that the suspension of its effect may seriously affect public welfare. Therefore, the decision of the first instance court is legitimate, and the respondent's appeal is dismissed and it is so decided as per Disposition.

March 31, 2015

The assistant judge of the presiding judge;

Judges Hatho

Judges Kim Gin-han