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(영문) 수원지방법원 2016.04.21 2013구합14482
입찰참가자격제한처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On October 14, 2013, the Defendant issued a disposition that restricts the qualification for participation in bidding for the period of one year from October 22, 2013 to October 21, 2014, on the ground that “A stock company B agreed in advance with each other while participating in a competitive bid for construction work, such as the construction work for the Incheon Regional Headquarters building, or conspired with each other for a specific person’s successful bid” (hereinafter “instant disposition”) against the Plaintiff, who is the representative director of the corporation B, based on Article 39(2) of the Act on the Management of Public Institutions and Article 76(1)7 of the Enforcement Decree of the Act on Contracts to Which the State is a Party.

B. On August 13, 2015, the Government of the Republic of Korea announced “the release of tender disadvantages (hereinafter “instant special reduction and exemption measures”) as part of the special amnesty in 70 weeks in light of the content of the release from the imposition of administrative sanctions, such as restrictions on participation in bidding (including bid reduction points) imposed by construction enterprises and construction engineers on August 14, 2015.” (2) On August 25, 2015, the Ministry of Land, Infrastructure and Transport and relevant administrative agencies, including the Minister of Land, Infrastructure and Transport (hereinafter “instant special reduction and exemption measures”), publicly announced specific guidelines on the scope of cancellation of administrative sanctions against construction enterprises, etc. (hereinafter “instant guidelines”) among the instant special reduction and exemption measures, and the main contents thereof are as follows.

Ⅲ Scope of administrative dispositions released; and

1. An administrative disposition imposed before August 13, 2015 on an enterprise related to construction and a construction engineer subject to a disposition before August 13, 2015, is subject to the cancellation of an administrative disposition, etc. imposed before August 13, 2015, which served as the cause of restrictions on participation in bidding (including reduction points at the time of determination of the other party to the contract, such as participation in bidding, preliminary examination, qualification examination, etc.; hereinafter the same shall apply) or on an act before August 13, 2015, and it does not fall under the scope of cancellation if an administrative disposition was not taken before August 13, 2015.

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