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(영문) 대전지방법원 2018.10.12 2018구합102026
부정당업자 입찰참가자격 제한처분취소
Text

1. The Defendant’s disposition imposing restrictions on participation of unjust enterprisers in bidding for one month against the Plaintiff on March 29, 2018 shall be revoked.

2...

Reasons

Details of the disposition

The plaintiff is an information and communications construction business, B equipment manufacturing and sales business, and a company that repairs and sells information and communications equipment.

On April 26, 2017, the public prosecutor of the Daejeon District Public Prosecutor's Office in the Daejeon District Public Prosecutor's Office provides the Plaintiff's representative director C with money and valuables equivalent to KRW 1.60,000,00 for three times from June 14, 2015 to February 5, 2016, and there is no same criminal records, etc.

“The grounds for the suspension of indictment was imposed on the same day, and the suspension of indictment was imposed on D, taking into account other circumstances into consideration the acceptance of bribe. On November 6, 2017, the Defendant notified the Plaintiff on November 6, 2017, that he/she will conduct a hearing on the restriction of qualification for participation of improper enterprisers in bidding pursuant to Article 31 of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”), and the Plaintiff presented his/her opinion on November 28, 2017 that he/she would participate in the hearing procedures and present his/her opinion on other dispositions, such as an administrative fine, fine, etc., which are not a restriction on qualification for participation in bidding. On December 18, 2017, the Contract Deliberation Committee applied Article 92(1)10 of the Enforcement Decree of the Local Contract Act (a person who provides relevant public officials with money, valuables, or other property benefits in connection with bidding, successful bid, or the conclusion and performance of a contract).

On January 5, 2018, the Defendant requested the Plaintiff to submit documents to be presented to the Committee for Imposition of Penalty Surcharges in Ansan-si according to the result of the above deliberation and resolution, and received the application and related documents from the Plaintiff.

The defendant shall have the legal adviser in astronomical City.

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