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(영문) 대전지방법원 2016.02.04 2015구합100661
입찰참가자격제한처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. On February 26, 2015, the Defendant: (a) deemed that the Plaintiffs were engaged in collusion with respect to the bid for B B Section 2 project; and (b) rendered a disposition to restrict the participation of unjust enterprisers who restrict their qualification for participation in bidding for 18 months from March 6, 2015 to September 5, 2016 pursuant to Article 76 of the former Enforcement Decree of the Act on Contracts to Which the State Is a Party (amended by Presidential Decree No. 26321, Jun. 22, 2015; hereinafter “former Enforcement Decree of the State Contracts Act”).

B. 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 the competent court 2015 A100327, and received the ruling of acceptance on March 5, 2015.

C. On August 13, 2015, the Government announced the “Special Amnesty and Special Reduction and Exemption Measures” (hereinafter “Special Reduction and Exemption Measures”) to release a construction company and construction engineer from a disposition of administrative sanctions, such as restrictions on participation in the tendering procedure (including bid reduction points) as of August 14, 2015.

On August 25, 2015, the Minister of Land, Infrastructure and Transport, etc. publicly announced the 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 this case. The main contents are as stated in the “main contents of the instant guidelines.”

E. On November 26, 2015, the Minister of Strategy and Finance authoritative interpretation on the transitional measures for construction works in the bidding process among the instant guidelines, stating that “ insofar as the limitation of participation in bidding is rescinded due to a special amnesty, the revocation lawsuit and a provisional disposition to suspend execution based thereon are not maintained by the time of conclusion of the contract, even if the limitation of participation in bidding is not maintained by the time of conclusion of the contract, the Minister may participate in the tender of construction works as announced before August 13,

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant lawsuit is lawful

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