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1. Revocation of a judgment of the first instance;
2. The Defendant’s disposition of restricting the participation of the Plaintiff on December 6, 2012.
Reasons
Details of the disposition
The plaintiff is a corporation that operates civil engineering, building, electrical construction contracts, construction supervision services, etc., and the defendant is the head of the Public Procurement Service, which is a central administrative agency established under the Government Organization Act, to take charge of the affairs concerning the purchase, supply and management of goods conducted by the Government among the national administrative affairs and the affairs concerning the Government'
The Public Procurement Service shall, upon receiving a request for the procurement of the “C Construction Corporation” from the hospital B, announce D public notice of tender, and the same year.
9. On October 7 of the same year, the notification of the selection of a successful bidder was made to the Plaintiff, and the notification of the selection of a successful bidder was made on October 13 of the same month, and the contract with the Plaintiff on construction (hereinafter “instant contract”).
Article 27(1) of the former Act on Contracts to Which the State is a Party (Amended by Act No. 11547, Dec. 18, 2012; hereinafter “State Contract Act”), Article 76(1)10 of the Enforcement Decree of the same Act (Amended by Presidential Decree No. 26321, Jun. 22, 2015); Article 76(1) [Attachment 2] of the Enforcement Decree of the same Act (Amended by Presidential Decree No. 26321, Sep. 23, 2016); and Article 76(1) [Attachment 2] of the Enforcement Rule of the same Act (Amended by Ordinance of the Ministry of Strategy and Finance No. 573, Sep. 23, 2016); and
On the other hand, on November 22, 2012, in the case of offering of bribe, etc. to the Gwangju District Court 2012 High Order 3720, the Plaintiff’s employee E was sentenced to a suspended sentence of 10 months, and the F was sentenced to a suspended sentence of 3 years and fine of 50 million won for 1 year and 6 months, as follows.
The appeal was dismissed on February 9, 2014, while E appealed in the District Court 2012No2458.