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(영문) 서울고등법원 2014.12.16 2014누3718
부정당업자의입찰참가자격제한처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court's explanation concerning this case is 2. D. part of the judgment of the court of the first instance concerning the legitimacy of the disposition of this case.

The following shall be added to the port of entry 2.

D. (2) Paragraph (1)(2) is the same as the part on the grounds of the judgment of the first instance except for the dismissal as follows. As such, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. 2. The effect of a partial punitive administrative disposition added to the two is extinguished due to the lapse of the sanction period set out in the said disposition, but the disposition standards set in the form of the Enforcement Rule, which is the Ministerial Ordinance, are subject to sanctions (hereinafter

(1) If a person receives an increase or a premise, such a person shall be deemed to be subject to a future punitive administrative disposition (hereinafter referred to as “after action”).

In cases where the Act provides that a prior disposition may be subject to a subsequent disposition, in accordance with the relevant rule, if there is a concern that the prior disposition may be subject to aggravated grounds or premise, the other party subject to the prior disposition may sufficiently protect the right to remove such disadvantage through a lawsuit seeking revocation of the prior disposition, even if the period of sanctions prescribed in the prior disposition has expired, so the other party subject to the prior disposition shall be deemed to have a legal interest in seeking revocation of the prior disposition (see, e.g., Supreme Court Decision 2006Du13312, Jan. 11, 2007). In this case, Article 76(2) of the Enforcement Rule of the Act on Contracts to Which the State Is a Party provides that the period of restriction on qualification may be increased by up to 1/2 of the relevant period by considering the motive, content, frequency, etc. of the relevant offense.

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