The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. Details of the disposition;

A. The Plaintiff is a company running a construction waste interim disposal business, and the Defendant is a quasi-governmental institution established by C law for the purpose of developing, developing, transmitting, and transforming electric resources.

B. On March 22, 2019, the Defendant publicly announced the bid on the DD Corporation Waste Disposal Services (hereinafter “instant bid”).

On April 1, 2019, the Plaintiff participated in the instant bidding and was selected as the subject of the first priority qualification examination. On the same day, the Defendant notified the Plaintiff that he/she submitted to the Plaintiff the qualification examination document including his/her own evaluation and comprehensive evaluation statement by April 10, 2019, by electronic document.

C. On April 12, 2019, the Plaintiff submitted a written waiver of the qualification examination to the Defendant on the grounds that the self-evaluation score of the qualification examination falls short of 95 points, for which the submission deadline of the document was more than two days.

On July 11, 2019, the Defendant rendered a disposition to restrict the qualification for participation in bidding for the period of 11.5 months (hereinafter “instant disposition”) pursuant to Article 39(2) of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”), Article 15 of the Rules on Contracts to Public Corporations and Quasi-Governmental Institutions, Article 27(1)8(b) of the Act on Contracts to Which the State is a Party (hereinafter “State Contracts Act”), Article 76(1)1(e) of the Enforcement Decree of the State Contracts Act (wholly amended by Presidential Decree No. 3078, Sept. 17, 2019); Article 76 [Attachment 2] [Attachment 13] of the former Enforcement Rule of the State Contracts Act (wholly amended by Ordinance of the Ministry of Strategy and Finance No. 751, Sept. 17, 2019); Article 76 [Attachment 2] of the former Enforcement Rule of the State Contracts Act (hereinafter “instant qualification”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 10 (including branch numbers in the case of provisional evidence), Eul evidence Nos. 2 and 8, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1 procedural defect is procedural defect.