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(영문) 대구지방법원 2017.05.19 2016구합23747
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running packing construction business, etc., and the Defendant is a public corporation established with the aim of contributing to the promotion of road maintenance and the development of road traffic by conducting projects related thereto according to the Korea Highway Corporation.

B. Around March 27, 2015, the Defendant-affiliated B (hereinafter “B”) concluded a construction contract on “C Corporation” (hereinafter “instant construction”) with the Plaintiff and the future C&C Co., Ltd. (hereinafter “instant construction”).

In the instant construction contract, the following terms and conditions are added to “special terms and conditions of integrity agreement”.

[Special Conditions for Integrity Contract] Article 2 (Obligation to Comply with Integrity Contract), as prescribed by the Special Statement of Integrity Contract at the time of a tender for construction works, goods, services, etc., the other party to enter into a contract or to enter into a contract shall not directly or indirectly provide a staff-in-charge (referring to a person to whom the authority for contract, management, supervision, or inspection is delegated by the president of the defendant) with unjust profits, such as money, valuables, entertainment, etc., in relation to the conclusion and performance of the contract.

Article 3 (Restrictions, etc. on Qualifications for Participation in Tender by Unjust Enterprisers) (3) No person in charge of tender, successful tender, conclusion of a contract, or performance of a contract shall be provided with unjust profits, such as money and valuables, entertainment, etc. directly or indirectly, and if the person violates this, he/she shall be subject to restrictions on participation in tender for a period of not less than three

(5) Where qualification for participation in bidding is restricted pursuant to paragraphs (1) through (3), the period of sanctions shall be the period prescribed in the attached Table of the Enforcement Rule of the Act on Contracts to which the State is a Party, and in such cases, the period of sanctions shall not be mitigated, notwithstanding Article 76

C. The Plaintiff’s representative director D is the responsible supervisor of the instant construction project around May 2015.

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