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Reasons
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(영문) 서울행정법원 2016.06.23 2015구합69539
입찰참가자격제한처분취소 청구의 소
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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 16, 2013, the Plaintiff, a corporation for software development, service business, etc., awarded an order for “electronic computer operation consignment service” in 2014 by the Defendant through an electronic bid on the National Integrated Electronic Procurement System (hereinafter “instant consignment service”), and subsequently awarded the contract for the instant consignment service with the Defendant on December 16, 2013, the terms of the contract between the Defendant and the Intervenor’s Intervenor and the end-user institution as to the instant consignment service, and the contract period from December 16, 2013 to December 31, 2014, are set at KRW 358,60,000, respectively.

B) On December 31, 2013, the Plaintiff entered into the instant contract with the Defendant’s Intervenor: (a) a total of KRW 358,60,00 per annum [29,83,330 per month from January to November, 2014; (b) a total of KRW 29,883,370 per month; (c) a total of KRW 29,883,370 per annum (including value-added tax; and (d) a calculation by applying the average wage or the unit wage per grade surveyed and published by the Korea Software Industry Association pursuant to Article 16 of the Enforcement Decree of the Software Industry Promotion Act); and (d) a monthly input (calculated) a total of KRW 30,90,00; (d) a total of KRW 29,20,500 [Attachment 30,50,50, 297, 209, 309, 209, 209, 309, 209, 209, 204, 2004]

C. The Defendant Intervenor requested the Plaintiff to submit to the Plaintiff a letter of performance assurance of working conditions in accordance with the “Guidelines for the Protection of Working Conditions of Service Workers,” and the Plaintiff will pay wages above the level calculated by multiplying the wage applied when calculating the estimated price by “the date of preparation on February 29, 2014” retroactively from the date of preparation on February 2014.

“Written undertaking” means a letter of performance.

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