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(영문) 광주지방법원 2015.11.26 2015구합12182
입찰참가자격제한처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Details of the disposition

On July 30, 2015, the Defendant issued one year (hereinafter “instant disposition”) based on Article 39 of the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”), Article 15(1), (2), and (4) of the Rules on Contracts to Public Enterprises and Quasi-Governmental Institutions, Article 76(1)7 of the Enforcement Decree of the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”), Article 76(1) [Attachment 2] of the Enforcement Rule of the State Contracts Act, on the ground that “a person who has engaged in collusion in connection with a bid for construction works to enhance a reservoir for agricultural use (4 sections)” (hereinafter “instant disposition”).

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 this Court 2015A642, and on August 7, 2015, rendered a decision that “The instant disposition shall cease to have its effect until 21 days after the instant judgment was pronounced” (hereinafter “decision to suspend the execution of this case”).

On August 13, 2015, the President: (a) imposed administrative sanctions, such as restrictions on participation in bidding (including bidding reduction points) imposed by construction enterprises and construction engineers on August 14, 2015; (b) “Special Amnesty and Special Reduction and Exemption Measures” (hereinafter “Special Reduction and Exemption Measures”); (c) on August 25, 2015, the Minister of Land, Infrastructure and Transport, etc. publicly announced specific guidelines on the scope of cancellation of administrative sanctions on construction enterprises, etc. among the Special Reduction and Exemption Measures in the instant case; and (d) the main contents thereof are as follows:

Ⅲ Scope of administrative dispositions released; and

1. Disposition on or before August 13, 2015, a summary of the administrative disposition subject to cancellation, which served as the cause of restrictions on bidding qualifications (including reduction points at the time of determination of the other party to the contract, such as qualifications to participate in bidding, qualifications examination, etc.; hereinafter the same shall apply) or the limitation on qualifications to participate in bidding.

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