All appeals are dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the grounds of appeal on the subject matter of an appeal litigation

A. Where a public corporation or quasi-governmental institution can impose restrictions on qualification for participation in bidding on the basis of statutes or contracts, it is a matter of interpretation of expression of intent, in principle, whether a limitation on qualification for participation in bidding against a contracting party is an administrative disposition based on

In this case, the objective and comprehensive consideration of the content of the document notified to the contracting party and the process up to the measure should be made.

Nevertheless, if it is still unclear whether public corporation or quasi-governmental institution has taken measures to restrict participation in bidding as an administrative disposition based on the law or has taken measures to restrict participation in bidding as a means of exercise of rights based on contract, it is reasonable to determine it on a normative basis by taking into account the awareness and predictability of the other party to such measures, which have a significant interest in the choice

(see, e.g., Supreme Court Decision 2016Du33537, Oct. 25, 2018). (B)

The judgment below

The reasoning and the evidence duly admitted by the court below reveal the following circumstances.

(1) Before taking a measure to restrict participation in bidding, the Defendant stated in the “prior Notice on Measures related to Sanctions against Unjust Enterprisers,” which sent to the Plaintiffs, that it is a plan to restrict participation in bidding under Article 39 of the Act on the Operation of Public Institutions (hereinafter “Public Institutions Operation Act”) pursuant to the Administrative Procedures Act. The Defendant stated in the “Prior Notice on Measures” attached thereto as well as the provisions of Article 39 of the Public Institutions Operation Act and the

(2) When the defendant takes measures to restrict participation in bidding, the defendant shall submit to the plaintiffs a document stating "a notice of restriction on participation in bidding by improper enterprisers".