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(영문) 서울행정법원 2016.01.29 2013구합60699
입찰참가자격제한처분 취소 청구
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On October 15, 2013, the Defendant issued a disposition to restrict the qualification for participation in bidding against Plaintiff A and its representative director on the ground that “the Plaintiff Company A agreed to the bid price in advance with each other while participating in a competitive bid on C’s business and D business, etc., or conspired with each other for a specific person’s successful bid” (amended by Act No. 11547, Dec. 18, 2012; hereinafter “State Contract Act”); Article 27(1) of the former Act on Contracts to Which the State Is a Party; Article 76(1)7 and (4) of the former Enforcement Decree of the former Act on Contracts to which the State is a Party (amended by Presidential Decree No. 2282, Jul. 21, 2010); Article 76(1)7 and (4) of the former Enforcement Decree of the Act on Contracts to which the State is a Party;

(hereinafter “instant disposition”). (b)

Special reduction and exemption measures and guidelines therefor 1) The Government shall provide for "Special Amnesty and Special Reduction and Exemption Measures for 70 weeks" (hereinafter referred to as "Special Reduction and Exemption Measures in this case") with the content of releasing from August 14, 2015 a disposition of administrative sanctions, such as restrictions on participation in a construction enterprise and construction engineers (including bid reduction points) on August 13, 2015.

(2) On August 25, 2015, the Defendant et al. announced the specific guidelines on the scope of rescission of administrative sanctions on construction enterprises, etc. (hereinafter “instant guidelines”) among the measures for special reduction and exemption in this case. The key contents are as follows.

Ⅲ Scope of administrative dispositions released; and

1. A summary of an administrative disposition subject to release on or before August 13, 2015, the Act on Contracts to which a construction-related company and a construction engineer are receiving a tender qualification limitation (including a depreciation point at the time of determination of the other party to the contract, such as participation qualification examination, examination of qualifications, etc.; hereinafter the same shall apply), or the Act on Contracts to which a State is a Party, or a contract to which a local government

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