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(영문) 서울행정법원 2019.10.17 2019구합55330
부정당업자제재처분 취소
Text

1. The Defendant’s disposition imposing restrictions on qualification for participation of unjust enterprisers in bidding for two years, which the Plaintiff rendered on January 29, 2019, is revoked.

Reasons

Details of the disposition

The plaintiffs, B (hereinafter referred to as "stock company") and C Co., Ltd., D, E, F, G Co., Ltd., H, I Co., Ltd., J, K Co., Ltd., Ltd., L Co., Ltd., Ltd., M Co., Ltd., Ltd., and N Co., Ltd. are entrepreneurs engaged in spatial data industry, such as video processing and numerical map production.

From 2009 to 2013, the Korea Land Geographic Information Institute ordered 37 aerial photography service projects (the same as indicated in the table (c) below), including "O modified production", by means of general competitive bidding.

However, aviation photographing business is a business that purchases aircraft and employs operating and maintenance personnel, etc., and accordingly, the number of companies registered for the license is very small compared to other spatial data industry such as spatial image painting and numerical map production.

On January 22, 2009, 10 companies, such as Plaintiffs, B, E, F, H, I, J, K, L, and N, etc., registered with a license for aerial photography business, agreed to remove the risk of decline from the tender by taking into account the fixed costs, etc. incidental to the operation of aircraft, and jointly perform each of the above aerial photography service businesses, 5 items ordered by the National Land Geographic Information Institute at that time (as indicated in the table Nos. 1 through 5 below) of the five items of aerial photography service businesses ordered by the National Land Geographic Information Institute at that time (as indicated in the table No. 1 to 5 items of paragraph (c) below) through the company pre-determined, and jointly perform the service business and divide profits according to the shares allocated among them.

From that time to time, the Plaintiff shall have agreed to enter into an agreement as specified in the following table:

(1) The Company described in paragraph (1) was indicated as B, C, D, E, E, 5, F, G, 7, H, 8, I, Y, 10 K, 10 K, 10, L, 3 M, 44.

The part on which the allocation shares are indicated is the plaintiff.

A. The above is all or part of the companies described in this subsection.

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