logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.01.14 2013구합101431
입찰참가자격제한처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. On October 18, 2013, the Defendant: (a) deemed that the Plaintiff Company A and the representative director of the Plaintiff Company A were in collusion with other construction companies in connection with the bid and successful bid for the Plaintiff Company C, etc. (hereinafter “instant bid”); (b) pursuant to Article 15(1) of the former Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 375, Nov. 18, 2013); and (c) pursuant to Article 76 of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 25358, May 22, 2014; hereinafter “former Enforcement Decree of the State Contracts Act”), the Defendant issued a disposition restricting qualification for participation in the bidding for four months from October 25, 2013 to February 24, 2014 (hereinafter “instant disposition”).

B. 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 2013 Ada10034, and received the ruling of acceptance on October 24, 2013.

C. On August 13, 2015, the Government announced the “Special Amnesty and Special Reduction and Exemption Measures” (hereinafter “Special Reduction and Exemption Measures”) to release a construction company and construction engineer from a disposition of administrative sanctions, such as restrictions on participation in the tendering procedure (including bid reduction points) as of August 14, 2015.

On August 25, 2015, the Minister of Land, Infrastructure and Transport, etc. publicly announced the specific guidelines on the scope of cancellation of administrative sanctions against construction enterprises, etc. (hereinafter “instant guidelines”) among the special reduction and exemption measures in this case. The main contents are as stated in the “main contents of the instant guidelines.”

E. On November 26, 2015, the Minister of Strategy and Finance has not maintained a revocation suit and a provisional disposition to suspend the execution based thereon, as long as the limitation of participation in bidding is rescinded on a special amnesty with respect to the transitional measures for construction works in the bidding process among the instant guidelines.

arrow