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(영문) 서울고등법원 2018.10.17 2017누78218
입찰참가자격제한처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the court’s explanation concerning the instant case, such as accepting the judgment of the court of first instance, are as stated in the reasoning of the judgment of the court of first instance (including the relevant part of the judgment of the court of first instance, but excluding the part pertaining to “3. conclusion”) except for the modification of the relevant part of the judgment of the court of first instance as stated in the following 2. Thus, it is acceptable as it is in accordance with

2. The amended portion is 8 pages 1 and 2 of the “joints” to “if combined”.

11. The following shall be added between the 6th parallel and the 7th parallel:

【Enforcement Rule of the former Act on Contracts to Which the State is a Party (amended by Ordinance of the Ministry of Strategy and Finance No. 573, Sept. 23, 2016; hereinafter “former Enforcement Rule of the State Contracts Act”) based on delegation of Article 27(1) of the State Contracts Act before amendment, and Article 76(2) of the Enforcement Decree

Article 76(1) [Attachment 2] subparag. 9(a) of the former Enforcement Rule of the State Contracts Act provides that a person who has been awarded a bid by leading collusion shall be restricted from participating in bidding for two years. Article 76(4) of the former Enforcement Rule of the State Contracts Act provides that “Where the head of each central government agency restricts participation in bidding against unjust enterprisers, the period of restriction on qualification may be reduced within the limit of 1/2 of the period prescribed in the corresponding subparagraph of [Attachment 2] in consideration of the motive, content, frequency, etc. of the relevant offence. In this case, the period of restriction after mitigation shall be not less than one month.” 11 of the last 11 of the first st st st st st st st st st day of the former 1st

【The Plaintiff’s salary at the time of the instant collusion in light of the relevant provisions and legal principles, when considering the following circumstances: (a) health class; (b) facts acknowledged earlier; and (c) evidence Nos. 7 and 8 (numbered numbered numbered; and (d) the fact-finding results of the court’s fact-finding with the Fair Trade Commission.

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