The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. Where a public corporation or quasi-governmental institution can impose restrictions on qualification for participation in bidding on the basis of statutes or contracts, it is a matter of interpretation of expression of intent, in principle, whether a limitation on qualification for participation in bidding against a contracting party is an administrative disposition based on

In this case, the objective and comprehensive consideration of the content of the document notified to the contracting party and the process up to the measure should be made.

Nevertheless, if it is still unclear whether public corporation or quasi-governmental institution has taken measures to restrict participation in bidding as an administrative disposition based on the law or has taken measures to restrict participation in bidding as a means of exercise of rights based on contract, it is reasonable to determine it on a normative basis by taking into account the awareness and predictability of the other party to such measures, which have a significant interest in the choice

(Supreme Court Decision 2016Du33537 Decided October 25, 2018). B.

The judgment below

The reasoning and the evidence duly admitted by the court below reveal the following circumstances.

(1) Before taking measures to restrict participation in bidding, the Defendant issued to the Plaintiff a document stating that “A prior notice of disposition (the notice of holding a hearing)” is “A prior notice of disposition (the notice of holding a hearing)” and “A notice of disposition to be given by our agency pursuant to Article 39 of the Act on the Management of Public Institutions shall be present at a hearing, and shall proceed with relevant procedures in accordance with the Administrative Procedures Act.

(2) The statement of opinion issued by the Defendant along with the above prior notice of disposition contains the same letter as “I will present my opinion under the provisions of Article 16 of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Organizations,” and Article 16 above is a public institution.