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The defendant's disposition of restricting the participation of the plaintiff on May 15, 2020 shall be revoked.
The costs of lawsuit.
Reasons
1. Details of the disposition;
A. The Plaintiff is a company established on June 16, 2015 for the purpose of wholesale and retail business of building materials for construction.
B. On May 8, 2015, the Defendant publicly announced a bid on the purchase of “Class C and 4,” and the Plaintiff participated in the said bidding and entered into a contract with the Defendant for the purchase of goods related to “Class C and D” (hereinafter “instant contract”) with the Defendant at KRW 223,724,49, July 8, 2015 after the Plaintiff was selected as the successful bidder.
C. On November 5, 2019, with respect to the Plaintiff’s following acts (hereinafter “instant violation”) in violation of Article 19(1) of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), the Fair Trade Commission, in principle, is subject to corrective measures under Article 21 of the Fair Trade Act. However, considering that the Plaintiff’s annual sales are below 2 billion won among the investigators, the criteria for warning under Articles 53-2 and 50(2) [Attachment] of the Rules on the Operation and Case Procedure of the Fair Trade Commission.
In accordance with this subsection, the “Warning” measure was taken.
Plaintiff, D, and E agree on and implement the bid price in the “C and Class 4 purchase” tender ordered by the Defendant on May 8, 2015.
D. On May 15, 2020, the Defendant: (a) on the ground that the Plaintiff constitutes “a person who was awarded a successful bid by leading the unity;” (b) Article 39 of the Act on the Management of Public Institutions; (c) Article 15 of the Rules on Contracts to Public Corporations and Quasi-Governmental Institutions; (d) Article 27(1) of the former Act on Contracts to Which the State Is a Party (wholly amended by Act No. 14038, Mar. 2, 2016; hereinafter “former State Contracts Act”); (d) Article 76(1)7 of the former Enforcement Decree of the Act on Contracts to which the State is a Party (amended by Presidential Decree No. 26321, Jun. 22, 2015; hereinafter “former Enforcement Decree of the State Contracts Act”); and (d) the former Act on Contracts to Which the State is a Party.