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(영문) 서울행정법원 2015.12.18 2013구합61029
입찰참가자격제한처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On October 15, 2013, the Defendant issued a disposition to restrict the qualification to participate in bidding for four months from October 23, 2013 to February 22, 2014 pursuant to Article 27(1) of the Act on Contracts to which the State is a Party (hereinafter “State Contract Act”), Article 76(1)7 and (4) of the Enforcement Decree of the same Act, on the ground that the Defendant agreed to the bid price in advance between bidders at each competitive bidding on the 22 construction sections (e.g., e., e., s., e., s., e., g., e., s., e., s., e., e., e., s. B and the Plaintiff who was its representative director.

(2) The Plaintiff filed the instant lawsuit seeking revocation of the restriction on the participation in a tendering procedure against the Plaintiff and B, and filed an application for the suspension of the execution of the said disposition with this court as to November 14, 2013, which held that “The execution of the said disposition shall be suspended until one month from the date of the pronouncement of the instant judgment,” including each disposition against the Plaintiff and B.

On August 13, 2015, the government announced the "Special Amnesty and Special Reduction and Exemption Measures" (hereinafter referred to as the "Special Reduction and Exemption Measures") with the content of releasing from August 14, 2015 a disposition of administrative sanctions, such as restriction on participation in a construction company and construction engineers (including bid reduction points).

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, and the main contents thereof are as follows:

Ⅲ Scope of administrative dispositions released; and

1. Summary of administrative dispositions subject to cancellation;

Tender qualification restrictions imposed on a construction-related business entity and a construction engineer on or before August 13, 2015.

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