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(영문) 인천지방법원 2016.01.28 2015구합51259
입찰참가자격제한처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Details of the disposition;

A. On April 15, 2015, the Defendant issued a disposition to restrict participation in bidding for six months from April 29, 2015 to October 28, 2015 pursuant to Article 39(2) of the Act on the Management of Public Institutions on the ground that “the Plaintiff agreed upon the bid price in advance by mutual agreement between bidders or collusion for a specific person’s successful bid in bidding on a high-sea biomass energy facility installation project.”

(hereinafter “instant disposition”). (b)

Special reduction and exemption measures and guidelines 1) The Government shall provide for the "Special Amnesty and Special Reduction and Exemption Measures" (hereinafter referred to as "Special Reduction and Exemption Measures in this case") with the content of releasing from August 14, 2015 an administrative disposition, such as restrictions on participation in a construction enterprise and construction engineers (including bid reduction points) on August 13, 2015.

(2) On August 25, 2015, the Minister of Strategy and Finance, the Minister of Government Administration and the Minister of Government Administration and Home Affairs, etc. announced specific guidelines on the scope of cancellation of administrative sanctions against construction enterprises, etc. (hereinafter “instant guidelines”) among the special reduction and exemption measures in the instant case, and the main contents thereof are as follows:

Ⅲ Scope of administrative dispositions released; and

1. A summary of an administrative disposition subject to cancellation is limited to the Act on Contracts to which a construction-related enterprise and a construction engineer are receiving a tender qualification restriction (including a reduction point at the time of determination of the other party to the contract, such as participation qualification examination, examination of qualifications, etc.; hereinafter the same shall apply) or the Act on Contracts to which a State is a Party, the Act on the Management of Public Institutions, or the restrictions on bidding qualifications in contracts under the Local Public Enterprises Act; however, in cases of suspension of business, suspension of business, suspension of business, or other restrictions on bidding qualifications imposed before August 13, 2015, as well as prior to August 13, 2015, the administrative disposition, etc. imposed before the relevant disposition is revoked.

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