The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. Where a public corporation or quasi-governmental institution can impose a limitation on qualification for participation in bidding on the basis of statutes or a contract, 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

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

(See Supreme Court Decision 2016Du33537 Decided October 25, 2018). 2. The lower court acknowledged the following facts.

(1) The Defendant was designated as a market-based public corporation on January 24, 201, under the Act on the Management of Public Institutions (hereinafter “Public Institutions Management Act”).

(2) The Plaintiff entered into a contract with the Defendant for the supply of goods to be used in the period of B nuclear power plants 3 and 4, and submitted a revised test report on several occasions in connection with the implementation of the said contract. From July 24, 2008 to January 23, 201, which was before the Defendant was designated as a market-based public corporation, 66 and 5 copies after January 24, 201, which were designated as a market-based public corporation.

(3) On the ground that the defendant submitted 71 copies of the altered test report as above on March 6, 2015, the documents pertaining to the plaintiff's bidding or contract.