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1. The Defendant’s disposition of restricting the participation of unjust enterprisers for five months against the Plaintiff on March 31, 2017 is revoked.
2...
Reasons
1. Details of the disposition;
A. The Plaintiff is a legal entity that runs the business of producing maps, and the Defendant is a commissioned execution-type quasi-governmental institution designated by the Minister of Strategy and Finance, which is established pursuant to Article 29-2 of the Forestry and Mountain Villages Development Promotion Act and runs the business of investigating, designing, and evaluating forest resources and location
B. On July 8, 2015, the Defendant entered into a contract with five corporations, including the Plaintiff, under which the term of supply was fixed as of November 20, 2015, to contract the “B business”-related services (hereinafter “instant services”).
C. On July 14, 2015, the Plaintiff entered into a contract with ZEA Co., Ltd. (hereinafter “ZEA”) to subcontract part of the instant services. D.
Article 39(2) and (3) of the Act on the Management of Public Institutions, Article 15 of the Rules on Contracts of Public Corporations and Quasi-Governmental Institutions, and Article 27(1)3 of the Addenda of the Rules on Contracts to Which the State Is a Party (Ordinance of the Ministry of Strategy and Finance No. 571, and Article 2 of the Addenda of the Rules on Contracts of Public Corporations and Quasi-Governmental Institutions (Ordinance of the Ministry of Strategy and Finance No. 571, Sept. 12, 2016) provide that “The restriction on the restriction on the qualification of a public corporation or quasi-Governmental institution arising from the Plaintiff’s act conducted before September 12, 2016, the enforcement date of the
Therefore, the accurate basis of the instant disposition is Article 15 of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions; Article 27(1)3 of the former Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (amended by Ordinance of the Ministry of Strategy and Finance No. 571, Sept. 12, 2016); Article 76(1)2 of the former Enforcement Decree of the Act on Contracts to Which the State is a Party (amended by Presidential Decree No. 27475, Sept. 2, 2016).
Based on this, five months (from April 1, 2017 to August 31, 2017) were subject to restrictions on the participation of unjust enterprisers.
b.0.0 c.