logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.10.13 2017구합50218
부정당업자제재처분 취소청구
Text

1. The Defendant’s disposition to suspend the participation of the Plaintiff on December 26, 2016 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 2016, the Plaintiff, a company running a construction business, etc., participated in the bidding on “A” publicly notified by the Defendant (hereinafter “instant bidding”) and was determined as a successful bidder.

B. The Defendant: (a) on the ground that “B, who is an employee of the Plaintiff, paid a bribe of five million won to C under the pretext of solicitation in connection with the instant bidding; (b) on December 26, 2016, the Defendant rendered a disposition against the Plaintiff by applying Article 39(2) and (3) of the Act on the Management of Public Institutions; (c) Article 15(1) and (2) of the former Rules on Contracts to Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 571, Sept. 12, 2016; hereinafter “former Rules on Contracts to Public Enterprises”); (c) Article 76(1)10 of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 27475, Sep. 2, 2016; hereinafter “former Enforcement Decree of the State Contracts Act”); and (d) Article 15(1) of the former Enforcement Rule of the Act on Contracts to Which the State Is a Party (amended by Ordinance No. 13737.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition should be revoked on the ground that it is unlawful for the following reasons.

1. The non-existence of the grounds for disposition B paid KRW 5 million to C in a personal-friendly relationship with the Plaintiff under the pretext of medical expenses, etc. The said monetary payment is irrelevant to the Plaintiff and not related to the instant tender.

In addition, at the time of the payment of the above money, C was not a person who may affect the tender of this case, and the selection of a successful bidder in the tender of this case.

arrow