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(영문) 서울행정법원 2015.12.29 2015구합64251
입찰참가자격제한처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On May 27, 2015, the Defendant rendered a disposition to restrict participation in bidding for 12 months from June 8, 2015 to June 7, 2016 pursuant to Article 31 of the former Act on Contracts to Which a Local Government Is a Party (amended by Act No. 12000, Aug. 6, 2013; hereinafter “Local Contract Act”); Article 92(1)7 of the former Enforcement Decree of the Act on Contracts to which a Local Government is a Party (amended by Presidential Decree No. 22303, Jul. 26, 2010); and Article 92(1)7 of the former Enforcement Decree of the Act on Contracts to which a Local Government is a Party (amended by Presidential Decree No. 22303, Jun. 8, 2015 to June 7, 2016).

(hereinafter “instant disposition”). (b)

Special reduction and exemption measures and guidelines 1) The Government shall provide for the "Special Amnesty and Special Reduction and Exemption Measures" (hereinafter referred to as "Special Reduction and Exemption Measures in this case") with the content of releasing from August 14, 2015 an administrative disposition, such as restrictions on participation in a construction enterprise and construction engineers (including bid reduction points) on August 13, 2015.

(2) On August 25, 2015, the Minister of Strategy and Finance, the Minister of Government Administration and the Minister of Government Administration and Home Affairs, etc. announced 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 the main contents thereof are as follows:

Ⅲ Scope of administrative dispositions released; and

1. A summary of an administrative disposition subject to cancellation on or before August 13, 2015, which is a construction-related company and a construction engineer being issued a tender qualification restriction (including a reduction point at the time of determination of the other party to the contract, such as participation qualification examination, examination of qualifications, etc.; hereinafter the same shall apply) or a contract to which the State is a disposing party, the Act on Contracts to which a local government is a Party, the Act on the Management of Public Institutions, or the Local Public Enterprises Act.

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