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TITLE Supreme Court Decision 2021Du43491 decided November 11, 2021 【Revocation of Disposition Restricting Qualifications for Participation in Tendering】 [full Text]
Summary
【Main Issues and Holdings】 [1] The principle of interpretation of administrative regulations that form the basis for an invasive administrative disposition [2] Whether public enterprises and quasi-governmental institutions should specify the terms and conditions of a contract and the fact that qualifications for participating in a tendering process can be restricted in the case of violating the terms and conditions of a contract in the tender notice or contract to issue a disposition restricting qualifications for participating in a tendering process on the grounds of the violation of the terms and conditions of a contract in accordance with Article 39(2) of the Act on the Management of Public Institutions against the other party with whom public enterprises and quasi-governmental institutions concluded a contract by going through a tendering process (affirmative)
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