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(영문) 서울행정법원 2016.01.15 2015구합56267
입찰참가자격제한 처분 취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are assessed against the Plaintiffs.

Reasons

1. Details of the disposition;

A. On March 5, 2015, the Defendant issued a disposition to restrict the qualification to participate in bidding for six months from March 13, 2015 to September 12, 2015 pursuant to Article 27 of the Act on Contracts to Which the State Is a Party (hereinafter “State Contracts Act”); Article 76(1)6 and (2) of the Enforcement Decree of the State Contracts Act; Article 76(1)6 of the Enforcement Decree of the State Contracts Act; Article 76(1) and subparagraph 8 (a) of attached Table 2 of the Enforcement Rule of the State Contracts Act; and Article 76(8) of the Enforcement Rule of the State Contracts Act.

(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 the administrative disposition subject to cancellation is limited to the limitation on bidding qualifications (including the 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) under construction-related enterprises and construction engineers, or the contract to which the State is a Party, the Act on Contracts to which a local government is a Party, the Act on the Management of Public Institutions, or the limitation on bidding qualifications under the Local Public Enterprises Act; however, in cases of suspension of business, suspension of business, or other limitation on bidding qualifications before August 13, 2015.

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