The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the grounds of appeal on the subject matter of an appeal litigation

A. Where a public corporation or quasi-governmental institution can impose restrictions on qualification for participation in bidding on the basis of statutes or contracts, it is a matter of interpretation of expression of intent, in principle, whether a limitation on qualification for participation in bidding against a contracting party is an administrative disposition based on

In this case, the objective and comprehensive consideration of the content of the document notified to the contracting party and the process up to the measure should be made.

Nevertheless, if it is still unclear whether public corporation or quasi-governmental institution has taken measures to limit participation in bidding as an administrative disposition based on the law or has taken measures to limit participation in bidding as a contract-based exercise of rights, it is reasonable to determine it on a normative basis by taking into account the awareness and predictability of the other party to such measures, which have a significant interest in selecting the method of appeal

B. Review of the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following circumstances.

(1) The Defendant stated in the “prior Notice of Disposition related to Sanctions against Unjust Enterprisers,” which sent to the Plaintiff prior to taking measures to restrict participation in bidding, that it is a plan to restrict participation in bidding pursuant to Article 39 of the Public Institutions Operation Act in accordance with the Administrative Procedures Act, and the attached “Prior Notice of Disposition” also stated, based on the legal basis, Article 39 of the Public Institutions Operation Act

(2) The defendant, while taking measures to restrict participation in bidding, delivered to the plaintiff a document stating "a notice of restriction on participation in bidding by improper enterprisers", and the letter is "Article 39 of the Act on the Management of Public Institutions and the Rules on Contracts of Public Corporations and Quasi-Governmental Institutions"