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(영문) 대전지방법원 2016.01.14 2013구합2961
입찰참가자격제한처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On October 17, 2013, the Defendant: (a) deemed that there was collusion with other construction companies in relation to the Plaintiff’s bidding and award of the 4th classical design project, etc. (hereinafter “instant bidding”); (b) pursuant to Article 15(1) of the former Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 375, Nov. 18, 2013); 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. 25358, May 22, 2014; hereinafter “former Enforcement Decree of the State Contracts Act”), the Defendant imposed a disposition of restricting the qualification to participate in bidding for the period from October 25, 2013 to January 24, 2015 (hereinafter “instant disposition”).

B. The Plaintiff 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 this Court 2013A310, and received the ruling of acceptance on October 24, 2013.

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 announced the tender of construction works prior to August 13, 2015, even if the limitation on participation in bidding was cancelled due to special amnesty, and the provisional disposition to suspend the execution based on the cancellation is not maintained until the conclusion of the contract.

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