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(영문) 서울행정법원 2016.01.15 2014구합57348
입찰참가자격제한처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Details of the disposition;

A. On April 24, 2014, the Defendant issued a disposition to restrict the qualification for participation in bidding for 24 months from May 2, 2014 to May 1, 2016 pursuant to Article 27(1) of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”) and Article 76(1)7 and (4) of the Enforcement Decree of the same Act on the grounds that “Plaintiff A, a stock company, and its representative director, participated in a competitive bid for the 2000 Incheon Urban Railroad, under which the bid price was agreed in advance between bidders, or agreed upon for a specific person’s successful bid.”

(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. An administrative disposition subject to cancellation is to be released from an administrative disposition imposed before August 13, 2015, which was imposed by a construction-related business entity and a construction engineer on or before August 13, 2015 (including a reduction point at the time of determination of the other party to the contract, such as participation eligibility examination, examination of qualifications, etc.; hereinafter the same shall apply) or on or before August 13, 2015, with respect to the previous act on or before August 13, 2015.

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