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(영문) 수원지방법원 2016.01.27 2013구합14291
입찰참가자격제한처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

(c) shall be.

B. (b) On August 13, 2015, the Government of the Republic of Korea announced the “Special Amnesty and Special Reduction and Exemption Measures” (hereinafter “Special Reduction and Exemption Measures”) with the content of cancellation as of August 14, 2015, including restrictions on participation in bidding (including bidding reduction) imposed by construction enterprises and construction engineers.

2) Among the instant special reduction and exemption measures publicly announced on August 25, 2015, detailed guidelines on the scope of the rescission of sanctions against construction enterprises, etc. (hereinafter “instant guidelines”)

The main contents of the Council shall be as follows:

Ⅲ Scope of administrative dispositions released; and

1. Disposition which causes restrictions on bidding qualifications (including identification points at the time of determination of the other party to a contract, such as participation qualification examination, examination of qualifications, etc.; hereinafter the same shall apply) or restrictions on participation in bidding under the Act on Contracts to which the State is a Party, the Act on Contracts to which a Local Government is a Party, the Act on the Management of Public Institutions, or the Local Public Enterprises Act as outlined in an administrative disposition subject to cancellation before August 13, 2015; however, suspension of business or suspension of qualification is limited to restrictions on bidding qualifications under contracts to which a local government is a Party; however, restrictions on bidding qualifications are subject to administrative disposition, etc. imposed before August 13, 2015; prior to the act on August 13, 2015, the kinds of improper business suspension, suspension of qualification, and imposition of penalty surcharges, imposition of penalty surcharges, fines, penalty surcharges, restrictions on participation in bidding or other disadvantageous measures due to bidding examination, warning, etc., which are not subject to cancellation;

IV. Effect of the cancellation of an administrative disposition

1. Object to be released from outline;

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