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 restrict participation in bidding as an administrative disposition based on the law or has taken measures to restrict participation in bidding as a means of exercise of rights based on contract, 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 the choice

(Supreme Court Decision 2016Du33537 Decided October 25, 2018). B.

The judgment below

Examining the following circumstances acknowledged by the reasons and records in light of the legal principles as seen earlier, it is reasonable to deem that the Defendant’s limitation of participation in bidding is an administrative disposition based on Article 39(2) of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”), rather than exercising rights based on

(1) Before taking measures to limit participation in bidding, the Defendant issued to the Plaintiff a document stating the Plaintiff’s “pre-disposition Notice” as well as Article 16 of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions’ plan to limit participation in bidding pursuant to Article 39 of the Act on the Management of Public Institutions and the provisions on contractual basis, and issued the procedure, etc. under the Administrative Procedures Act.