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1. The Defendant’s disposition of restricting the participation in a tendering procedure for six months against the Plaintiff on April 15, 2014 is revoked.
2...
Reasons
1. Details of the disposition;
A. The Plaintiff is a company that manufactures power generation facilities, steel and steel refining facilities, petroleum chemical facilities, and other industrial facilities.
The defendant was designated as a "other public institution" pursuant to Article 5 of the Act on the Management of Public Institutions (hereinafter referred to as the "Act on the Management of Public Institutions") with the purpose of developing electric resources, and was changed to a "market-type public corporation" under Article 2011-1 of the Ministry of Strategy and Finance notification pursuant to Article 6 of the Act on the Management of Public Institutions on January 24, 201.
B. The Plaintiff entered into a contract for the supply of nuclear power plants with the Defendant, entered into a subcontract with the gender industry, etc., and received the relevant parts and test results from a sewage supplier.
On June 2008 to August 2010, the Plaintiff supplied the Defendant with parts of power generation facilities, such as piping materials, V, and width, and submitted the relevant test report received from the sewage supplier.
C. On January 2013, 2013, the Defendant: (a) partly details of the above test report are as follows.
3.(c)
1) As stated in paragraph (1), the instant test report (hereinafter “instant test report”) determined that it was a document suspected of forgery and alteration, and sent the Plaintiff a written notice of request for cooperation for confirmation.
The Defendant issued a prior notice of disposition on February 27, 2014, following deliberation by the Special Contract Deliberation Committee on March 10, 2014. On April 15, 2014, the Plaintiff: (a) on the ground that the Plaintiff constitutes “a person who submits false documents by forging or altering documents concerning tendering or contract”; (b) Article 39 of the Public Institutions Operation Act; (c) Article 15 of the Rules on Contracts to Public Corporations and Quasi-Governmental Institutions (hereinafter “Rules on Contracts to Public Corporations”); (d) Article 76 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”); (c) Article 26(1) of the Defendant Contract Rules; and (d) the previous rules on the enforcement of the Defendant Contract Rules, the name “the Guidelines for Contract Affairs
(See Attached Form). In applying Article 97 (1) 8 and attached Table 2, the Defendant’s tender conducted by applying subparagraph 10 (b).