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(영문) 수원지방법원 2016.04.21 2014구합59819
입찰참가자격제한처분취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On October 29, 2014, the Defendant issued a disposition that restricts the qualification for participation in bidding for two years from November 6, 2014 to November 5, 2016 on the ground that the Plaintiff Company A (hereinafter “Plaintiff Company”) and its representative director “the Plaintiff Company was awarded a successful bid with respect to C Facility Construction” (hereinafter “instant disposition”) based on Article 39(2) of the Act on the Management of Public Institutions and Article 76(1)7 of the Enforcement Decree of the Act on Contracts to Which the State is a Party, based on Article 76(1)7 of the Enforcement Decree of the Act on Contracts to Which the State is a Party.

B. On August 13, 2015, the Government of the Republic of Korea announced “the release of unfavorable measures against bidding (hereinafter “instant special reduction and exemption measures”) as part of the special amnesty in 70 weeks,” with the content of releasing from August 14, 2015 any administrative disposition such as restrictions on participation in bidding (including bidding reduction) imposed by construction enterprises and construction engineers on August 13, 2015.

(2) On August 25, 2015, the Minister of Land, Infrastructure and Transport and other relevant administrative agencies, including the Minister of Land, Infrastructure and Transport, shall provide 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 the instant case; and

1. An administrative disposition, etc. imposed before August 13, 2015, which is imposed by a construction-related company and construction engineer, as a summary of the administrative disposition subject to cancellation before August 13, 2015, is subject to the cancellation of an administrative disposition, etc. imposed before August 13, 2015, which is the cause of restrictions on participation in bidding (including reduction points at the time of determination of the other party to the contract, such as participation in bidding, preliminary examination, examination of qualifications, etc.; hereinafter the same shall apply) or on the acts before August 13, 2015. Where an administrative disposition is not imposed before August 13, 2015, the kinds of improper enterprisers in the administrative disposition subject to cancellation, such as suspension of qualification, suspension of qualification, suspension

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