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(영문) 광주지방법원 2018.12.06 2018구합11197
입찰참가자격제한처분 취소 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the instant case

A. On May 3, 2018, the Plaintiff asked the Defendant questions as follows:

2. On February 14, 2018, the Korea Rail Network Authority imposed a sanction against the Plaintiff for six months in restriction on participation in the business (hereinafter referred to as “instant disposition”) against the Plaintiff, and the Plaintiff is currently in the period of restriction on participation in the business due to the instant disposition.

3. In relation to this, the Defendant is aware that the tender to be conducted on May 20, 2018 - June 30, 2018 (hereinafter referred to as “this tender”) was scheduled, and in relation thereto, the Defendant is asked to verify whether the Defendant is entitled to participate in the present tender.

4. The plaintiff is merely unable to participate in the bidding conducted by the Korea Rail Network Authority due to the validity of the disposition of this case, and this case executed by the defendant is not limited to participation in bidding and it is understood that participation in bidding can be allowed.

In this regard, the Supreme Court has recently held that "if a disposition is made by a disposition that a disposition is delayed the participation of an improper businessman in the bidding, its effect shall not be extended as a matter of course without any separate sanction by another disposition authority in accordance with the provision on extended materials in this case (Supreme Court Decision 2015Du50313 Decided April 7, 2017)" (see Supreme Court Decision 2015Du50313, Apr. 7, 2017). In order to restrict the participation in the bidding conducted by an administrative agency other than the relevant administrative agency (Korea Rail Network Authority in the case of this proposal), it is clear that a separate disposition should be subject to the participation restriction by another

5. The plaintiff's position is very important transaction, so if the defendant's position is qualified to participate in this case, the plaintiff's request to confirm that the plaintiff is eligible to participate in this case, and it is different from this.

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