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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The Plaintiff was employed by the Korea Manpower Agency C on February 19, 2001, and the Defendant, upon succession to the employment relationship with the Plaintiff on March 31, 2006, served as the employee of the Defendant, who is a public institution under the Ministry of Employment and Labor (a quasi-governmental institution) since then served as the head of the Defendant’s Employment Services Strategy Headquarters D team from January 1, 2016.
B. On July 12, 2017, the Defendant publicly announced the “E business” (hereinafter “instant business”) and requested the Public Procurement Service to place an order, and the Plaintiff was the head of the team in charge of the instant business.
C. At the time of the public announcement of July 12, 2017, the written request for the proposal of the instant project prepared by the D Team included the phrase “other than the person whose estimated price is exceeded” when selecting the eligible person, and the Defendant was notified by the Public Procurement Service that the pertinent phrase is in violation of the Act on Contracts to Which the State is a Party and the contract standards (established rules) through negotiations, and requested the cancellation of the tender on September 4, 2017.
Since then, the Defendant decided to place an order for the instant project on September 1, 2017, and announced the second announcement on September 11, 2017. At the time, three consortiums including G Co., Ltd. and three companies including F Co., Ltd. (hereinafter “F”) participated in the bidding.
On September 26, 2017, as a result of the technology evaluation conducted on September 26, 2017, G was selected as a first-class eligible person, and entered into a contract with the Defendant on October 13, 2017.
E. On September 29, 2017, the Plaintiff received an order for Seoul business trip on the same day with H, I, and J, and completed golf at a golf course located in Yong-do. I is the representative of F, and J is the representative of K Co., Ltd. (hereinafter “K”).
F. On February 14, 2019, the Plaintiff issued the Cheongju District Court 2018 Goju Branch 2018Kahap29, i.e., the Defendant’s Cheongju District Court’s Cheongju District Court Decision 2018Ma29, supra, to the effect that “it sent one file of the proposal request (draft) to I as administrative information managed by the Defendant and not disclosed by the time of the public announcement of tender.”