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(영문) 수원지방법원 2015.01.09 2014구합50515
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. In around 2011, the Plaintiff participated in the bid for the “new public sewage treatment plant establishment project” (hereinafter “instant bid”) at five new public sewage treatment plants located in Gwangju metropolitan City.

B. A member of the idea information technology staff of a corporation entrusted by the Public Procurement Service with the management of the minimum provisional bid examination computer program, proposed that A would provide the Plaintiff with the instant bid-related information, and B provided bid information and provided that A would pay KRW 20 million in return for the Plaintiff’s passing the first phase examination.

C. On June 28, 2011, A had access to the examination program of the Public Procurement Service and examined the bid information of this case. According to the Plaintiff’s tender document, according to the criteria for the evaluation of propriety of the minimum tender price for the inappropriate type of work (the contract rules by the Ministry of Strategy and Finance), improper type of work refers to the type of work, the tender price for each type of work is less than 80% compared to the standard amount by type of work (70% of the average tender price by type of work). A is informed to B that the bid price for each type of work is less than 7 units of work. B is subject to the 1-stage examination without changing the total tender price, and B is subject to the 1-stage examination by means of raising the bid price for each type of work, making a tender by modifying the tender price for each type of work, and entering the modified tender price into the examination program of the Public Procurement Service.

B and A caused by the above act on October 29, 2013, the crime of “the Plaintiff acquired bid information during the tendering process of the instant bid and caused the Plaintiff to undergo the first stage examination of the instant bid, thereby hindering the bid acts of 25 constructors participating in the tender, and hindering the public official in charge of the Public Procurement Service from participating in the tender examination of the tender of the instant bid,” thereby violating the Framework Act on the Construction Industry and obstructing the performance of official duties

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