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(영문) 광주지방법원 2015.11.26 2015구합12267
입찰참가자격제한처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Details of the disposition

On July 30, 2015, the Defendant: (a) conspiredd the Plaintiffs with respect to construction works of Saemangeum Water Control System (B); (b) construction works to enhance the public reservoir for agriculture (C); (b) Article 39 of the Act on the Management of Public Institutions on the ground of “the Act on the Management of Public Institutions” (hereinafter “the Act on the Management of Public Institutions”); (c) Article 15(1), (2), and (4) of the Rules on Contracts to Public Enterprises and Quasi-Governmental Institutions; (d) Article 76(1)7 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party (hereinafter “State Contract Act”); (d) Article 76(1) [Attachment 2] of the Enforcement Rule of the State Contracts Act; (e) six months (hereinafter “instant disposition”).

The Plaintiffs filed the instant lawsuit seeking the revocation of the instant disposition, and filed an application for the suspension of execution of the instant disposition with this Court No. 2015 or 651, and on August 7, 2015, rendered a decision that “The instant disposition shall cease to have its effect until 21 days after the instant judgment was pronounced” (hereinafter “decision to suspend the execution of this case”).

On August 13, 2015, the President: (a) imposed administrative sanctions, such as restrictions on participation in bidding (including bidding reduction points) imposed by construction enterprises and construction engineers on August 14, 2015; (b) “Special Amnesty and Special Reduction and Exemption Measures” (hereinafter “Special Reduction and Exemption Measures”); (c) on August 25, 2015, the Minister of Land, Infrastructure and Transport, etc. publicly announced specific guidelines on the scope of cancellation of administrative sanctions on construction enterprises, etc. among the Special Reduction and Exemption Measures in the instant case; and (d) the main contents thereof are as follows:

Ⅲ Scope of administrative dispositions released; and

1. A summary of an administrative disposition subject to cancellation, which is a tender-related enterprise and a construction engineer received as a disposition before August 13, 2015 (including the reduction points at the time of determination of the other party to the contract, such as a preliminary examination to participate in bidding, qualification examination, etc.; hereinafter the same shall apply)

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