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(영문) 부산고등법원 (창원) 2018.03.21 2017누11315
부정당업자 제재처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. The Defendant’s bidding notice 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”).

(2) On October 27, 2015, the Defendant published a bidding notice (hereinafter “Initial Notice”) for “C” (hereinafter “instant project”) with respect to the Defendant’s operation, maintenance, and management services for the information system.

3) On December 2, 2015, the Defendant issued a corrective publication on the ground of the change in the part concerning the evaluation of resident personnel among the details of the initial publication (hereinafter “revision publication”).

) The Plaintiff Company participated in the Defendant’s tender in accordance with the initial and amended notice.

B. B. The tender of this case differs between the initial announcement and the revised announcement 1) the evaluation items and the evaluation criteria for resident personnel. The tender of this case is 100 points for comprehensive evaluation, but the proposal presented by bidders with 90 points for technical ability evaluation and 10 points for bid price evaluation as detailed items, including the evaluation of resident personnel to be invested in the project of this case. (B) The first announcement and the revised announcement are different in the evaluation methods for resident personnel to be invested in the project of this case.

(A) The reason for the Defendant’s announcement of correction is to induce the participation of companies that can input a large number of self-employed human resources from among the small and medium enterprises. According to the proposal letter (Evidence A-2 of No. 3) attached to the first announcement, the items of technical capability evaluation were divided by measurement evaluation and non-legal measurement evaluation, and then the items of technical capability evaluation were evaluated as to the resident personnel in the items of personnel requirements included in the measurement evaluation. This was again 2.5 points for work experience evaluation and 2.5 points for the expert input ratio evaluation.

C) A request for proposal attached to the amendment notice (A.

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