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(영문) 서울행정법원 2015.11.20 2013구합60958
입찰참가자격제한처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On October 15, 2013, the Defendant issued a disposition to restrict participation in bidding for 15 months from October 23, 2013 to January 22, 2015 pursuant to Article 27(1) of the Act on Contracts to which the State is a Party (hereinafter “State Contract Act”) and Article 76(1)7 and (4) of the Enforcement Decree of the same Act on the ground that “A corporation and its representative director, prior to the merger, participated in a competitive bid on the fourth section project of Han River Life Prevention, etc., and agreed in advance among bidders, or conspired for a specific person’s successful bid.”

(hereinafter “instant disposition”). (b)

Special reduction and exemption measures and guidelines therefor 1) The Government of the Republic of Korea (hereinafter referred to as the “Special Reduction and Exemption Measures in this case”) provides that the Government of the Republic of Korea shall release from August 14, 2015 a disposition of administrative sanctions, such as restriction on participation (including restriction on participation in tendering) imposed by construction enterprises and construction engineers on August 13, 2015, “Special Amnesty 70 weeks Special Amnesty and Special Reduction and Exemption Measures.”

(2) On August 25, 2015, the Defendant et al. announced the specific guidelines on the scope of rescission of administrative sanctions on construction enterprises, etc. (hereinafter “instant guidelines”) among the measures for special reduction and exemption in this case. The key contents are as follows.

Ⅲ Scope of administrative dispositions released; and

1. An administrative disposition that was imposed before August 13, 2015 on a construction-related company and a construction engineer's receipt of a summary of the administrative disposition subject to cancellation before August 13, 2015 (including a reduction point at the time of determination of the other party to the contract, such as participation qualification examination, examination of qualifications, etc.; hereinafter the same shall apply) or on a disposition that was imposed before August 13, 2015, is subject to cancellation of an administrative disposition that was imposed before August 13, 2015, and the type of administrative disposition that was removed if the administrative disposition was not taken before August 13, 2015, shall not fall under the scope of cancellation

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