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1. The Defendant’s disposition to suspend the participation of the Plaintiff on November 19, 2012 is revoked.
2. The plaintiff A corporation.
Reasons
1. Details of the disposition;
A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) contracted part of the construction ordered by the Defendant, and Nonparty C was the executive director of the Plaintiff Company’s civil engineering division and the head of the headquarters for domestic and foreign civil engineering projects, and Nonparty D was the Defendant’s auditor.
B. C granted to D the gift certificates of KRW 3,00,000,000 to the department store around April 2010 under the pretext of “the convenience to be ordered by the Defendant and executed at the construction site by the Plaintiff Company”, around June 2010, KRW 3,000,000 in cash around July 2010, KRW 2,000 in cash around September 2010, KRW 3.5 million in cash, and KRW 1,50,000 in total, around February 201, and KRW 3.5 million in cash, respectively (hereinafter “instant misconduct”).
C. C was indicted as a crime of offering of bribe for the instant misconduct and received a summary order of KRW 5 million (Seoul District Court Decision 201Da16896), and the said summary order was finalized on August 2, 2011.
D was convicted of two years and six months of imprisonment and fine 40 million won on August 30, 2012, on the ground that the defendant was in the status of audit and inspection, and the above judgment was finalized on August 30, 2012 as it became final and conclusive on August 30, 2012.
(Seoul High Court Decision 2012No190, Supreme Court Decision 2012Do809). e.
On the other hand, at the time of the instant misconduct, the representative of the Plaintiff Company was Plaintiff B.
F. On November 19, 2012, on the ground of the instant misconduct in which the Defendant offered a bribe to the employees of the Defendant for the solicitation of offering convenience in performing the contract, the Defendant was amended by Presidential Decree No. 22660, Feb. 9, 2011, Article 15 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. 230, Aug. 23, 201; hereinafter “Contract Affairs Rules”) and Presidential Decree No. 22660, Feb. 9, 2011.