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(영문) 서울행정법원 2018.06.01 2017구합77855
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running the construction business of electric facilities, etc., and the Defendant is a public corporation under the Act on the Management of Public Institutions (hereinafter “Public Institutions Act”), which is established by the Korea Highway Corporation and carries out the construction and management of roads and its related projects.

B. The Plaintiff and the Defendant concluded a “B” contract with the term of the contract from January 23, 2015 to December 31, 2015, and upon the expiration of the said term, concluded a “C” contract with the period from January 15, 2016 to December 31, 2016.

(hereinafter referred to as the “instant contract”) c.

On August 30, 2017, the Defendant issued a disposition to restrict the participation of unjust enterprisers for three months (hereinafter “instant disposition”) against the Plaintiff on the ground that “submission of false documents regarding the contract” was submitted. The main contents of the instant disposition notice are as follows.

Grounds for sanctions: Article 15 of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions (hereinafter referred to as the “Rules on Contract Affairs”); Article 27(1)8 of the Act on Contracts to Which the State is a Party (hereinafter referred to as the “State Contract Act”).

(A) Article 76(1)1 of the Enforcement Decree of the State Contracts Act.

The date of sanctions: The date of expiration of September 4, 2017: Specific grounds for sanctions against March 3, 2017: The period of sanctions: The submission of false documents [based on recognition] with respect to the contract of this case; the fact that there is no dispute over Gap's submission of false documents; the statement in subparagraphs 1 and 2, and Eul's evidence 3-7 and the purport of the whole pleadings;

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff entered into a subcontract with D (hereinafter “D”) and E (hereinafter “E”) with respect to the instant contract, and D and E respectively entered into a direct payment agreement with the Plaintiff and the Defendant for the subcontract price.

D and E, a sewage supplier, are divided into the plaintiff's construction parts and the sewage supplier's construction parts.

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