beta
Text
1. The Defendant’s disposition of restricting the participation in the tendering procedure for each two-year period against the Plaintiffs on January 29, 2019 is revoked.
2...
Reasons
1. Details of the disposition;
A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a juristic person established on October 28, 1995 for the purpose of aerial photography and map production business, and Plaintiff B is serving as the representative director from September 30, 2002 to September 30, 2002.
B. On May 14, 2018, the Fair Trade Commission concluded in advance agreement on the allotment of successful bidders, bid price, and shares of participants in the bidding in 2009, 2011, 2012, and 2013 that the Plaintiff Company ordered C to take part in the bidding in May 14, 2018, constitutes “unfair collaborative act” under Article 19(1)8 of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 14813, Apr. 18, 2017; hereinafter “Fair Trade Act”), and ordered the Plaintiff Company to take corrective measures to prohibit the above act as a resolution D and pay a penalty surcharge of KRW 925,00,000.
C. On January 29, 2019, the Defendant: (a) there is a somewhat different difference in the State Contracts Act applicable to each bidding collusion to which the State is a Party in connection with a bid promoted by the Plaintiff Company C (hereinafter “State Contracts Act”); (b) however, given that the content of the State Contracts Act applicable to determining the issues of the instant case is not significantly different, the Defendant appears to have made the instant disposition based on the current Act; (c) the Defendant also appears to have made the instant disposition based on the current Act and subordinate statutes (see: (a) the Enforcement Decree and the Enforcement Rule of the State Contracts Act; (d) also the same applies to Article 27(1)2 of the Act; and (e) Article 76 [Attachment 2] subparag. 2 of the Enforcement Rule of the State Contracts Act and Article 76 [Attachment 2] subparag. 2 of the Enforcement Rule of the same Act (based on the grounds that the Plaintiff was awarded a successful bid for two years (from March 4, 2019 to March 3, 2019).
The disposition against the plaintiffs below is taken.