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(영문) 대전지방법원 2016.01.28 2015구합101930
입찰참가자격제한처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. On April 28, 2015, the Defendant: (a) deemed that the Plaintiffs led to collusion with other construction companies in relation to the bid for the construction section 17 Section 17 of the Nakdongdong River; (b) rendered a disposition to restrict the qualification for participation in bidding for twenty months from May 8, 2015 to January 7, 2017 pursuant to Article 15(1) of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions; and (c) Article 76 of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 26321, Jun. 22, 2015; hereinafter “former Enforcement Decree of the State Contracts Act”).

B. The Plaintiffs filed the instant lawsuit seeking the revocation of the instant disposition, and filed an application for the suspension of execution of the instant disposition with the competent court 2015 A100359, and received the ruling of acceptance on May 7, 2015.

C. On August 13, 2015, the Government announced the “Special Amnesty and Special Reduction and Exemption Measures” (hereinafter “Special Reduction and Exemption Measures”) to release a construction company and construction engineer from a disposition of administrative sanctions, such as restrictions on participation in the tendering procedure (including bid reduction points) as of August 14, 2015.

On August 25, 2015, the Minister of Land, Infrastructure and Transport, etc. publicly announced the specific guidelines on the scope of cancellation of administrative sanctions against construction enterprises, etc. (hereinafter “instant guidelines”) among the special reduction and exemption measures in this case. The main contents are as stated in the “main contents of the instant guidelines.”

E. On November 26, 2015, the Minister of Strategy and Finance, with regard to the transitional measures for construction works in the bidding process, authoritative interpretation of the instant guideline, stating, “The Minister of Strategy and Finance may participate in the tender of construction works as announced before August 13, 2015, even if the limitation of participation in bidding is rescinded on a special amnesty, as long as the limitation of participation in bidding is rescinded by the time of conclusion of the contract, and a provisional disposition to suspend execution based thereon is not maintained.”

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