1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Details of the disposition

This part of the reasoning of the judgment of the court of first instance is the same as that of the relevant part of the judgment of the court of first instance. Thus, pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act,

Whether the instant disposition is legitimate

A. The Plaintiff’s instant disposition should be revoked on the ground that it is unlawful for the following reasons.

1) The non-existence of the grounds for disposition B, an employee of the Plaintiff, made a false statement that C, a public official of the Defendant, paid KRW 5 million to C by requesting C to pay KRW 5 million to B, and in fact, C paid KRW 5 million to C under the pretext of arranging and soliciting a bribe. In addition, C does not constitute “related public official” under Article 39(2) and (3) of the Public Institution Operation Act, Article 15(1) of the former Rules on Affairs of Public Enterprise Contracts, Article 76(1)10 of the former Enforcement Decree of the State Contracts Act, and Article 76(1)10 of the former Enforcement Decree of the State Contracts Act. Therefore, even if it is acknowledged that B paid a bribe to C, a public official of the State Contracts Act, the disposition of this case on the premise that B paid a bribe, is unlawful due to the absence of the grounds for disposition, even if it is recognized that B paid a bribe of KRW 5 million to C, the disposition of this case violates the principle of proportionality.

(b) Entry in the attached statutes of the relevant statutes;

C. Article 39(2) of the Act on the Management of Public Institutions provides that "a public corporation or quasi-governmental institution may restrict participation in bidding for a certain period not exceeding two years against a person, a corporation, or an organization that is obviously likely to undermine fair competition or appropriate implementation of a contract." The purport of Article 39 of the Act on the Management of Public Institutions is that Article 39 of the Act on the Management of Public Institutions limits participation in bidding by improper enterprisers is fair.