logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.04.24 2018구합51933
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff is a company running a technology service business in the construction sector.

B. Pursuant to Articles 6 through 8 of the former Special Act on the Safety Control of Public Structures (amended by Act No. 14545, Jan. 17, 2017; hereinafter “former Public Structures Safety Act”), the Defendant awarded a contract for D services by setting the contract amount of KRW 46,779,130 on September 18, 2014; the contract amount of KRW 31,679,740 on October 2, 2014; and the contract amount of KRW 37,251,600 on October 24, 2014; and the contract amount of KRW 37,251,600 on October 24, 2014.

(hereinafter “each service contract of this case”). C.

Without the Defendant’s approval, the Plaintiff entered into a subcontract for the services with E on September 18, 2014, setting the contract amount of KRW 28,070,000, and set the subcontract for the services with E on October 2, 2014 as KRW 19,008,00,000, and entered into a subcontract for the services with E and E on November 10, 2014, with F Co., Ltd., and entered into a subcontract for the services with E and the contract amount of KRW 22,351,00,00, and had E, etc. carry out the services in this case.

(hereinafter “each of the instant subcontracts”) d.

On July 2, 2018, the Defendant issued a disposition to restrict the qualification to participate in bidding for six months (from July 6, 2018 to January 5, 2019) pursuant to Article 31 of the Act on Contracts to Which a Local Government Is a Party, Article 92(1)2 of the Enforcement Decree of the same Act, and Article 76(1) [Attachment 2] of the Enforcement Rule of the same Act on the grounds that “the service of this case was subcontracted without the approval of the ordering agency.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap 1, 2, Eul 1-5, the entire purport of the pleading

2. Whether the disposition of this case is legitimate;

A. According to Article 31(1) of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contracts Act”), the head of a local government is either a person likely to undermine the fair enforcement of competition or appropriate implementation of contracts, or a person deemed inappropriate to participate in a tender, as prescribed by Presidential Decree.

arrow