해외 바카라 사이트

1. Case summary

□ Company D is a business operator in the construction industry, and has the cumulative penalty 해외 바카라 사이트 of 7 imposed by the Korea Fair Trade Commission for violating the Subcontracting Act over the past three years.

□ The Subcontracting Act stipulates that the KFTC is required to request the head of the relevant administrative agency to restrict the bid participation qualification of the relevant business operator if the accumulated 해외 바카라 사이트, considering both weighted and reduced 해외 바카라 사이트 in penalty 해외 바카라 사이트, exceed 5 해외 바카라 사이트.

 

□ Accordingly, the KFTC notified Company D that it was subject to the request for restriction on participation in bidding and that it could submit materials to substantiate the necessity of reducing the penalty 해외 바카라 사이트.

2. Our assistance

 

□ Representing Company D, we submitted an opinion that the accumulated 해외 바카라 사이트 do not exceed 5 해외 바카라 사이트 as the reduction 해외 바카라 사이트 that Company D can receive in accordance with the Enforcement Decree of the Subcontracting Act are at least 2 해외 바카라 사이트, and submitted materials to clarify the opinion.

 

□ Specifically, after conducting a comprehensive examination of the subcontracting contracts signed by Company D and payments made for the contracts for one year, we expressed the opinion that Company D was eligible for the maximum three 해외 바카라 사이트 of reduction as follows: one point according to the use rate of the standard subcontract contract, one point according to the cash payment ratio of subcontract prices, and one point according to the direct payment rate of the subcontract price by the owner.

 
3. The KFTC’s decision: Exemption from request for restriction to bidding participation qualification (non-request)

 

□ The KFTC admitted that Company D was eligible for reduction of two 해외 바카라 사이트. Eventually, the KFTC granted exemption from request for restriction to bidding participation qualification to Company D on the ground that the accumulate score did not exceed five 해외 바카라 사이트.

 
4. Implication

 

□ In case of violation of the Subcontracting Act, the violator not only receives sanctions from the KFTC, such as warnings, corrective orders, and fines, but also is imposed penalty 해외 바카라 사이트 corresponding to each sanction. There is a risk of being subject to restrictions to bidding participation (if the accumulated score exceeds 5 해외 바카라 사이트) or being listed as a habitual violator (if the accumulated score exceeds 4 해외 바카라 사이트) on the website of the KFTC.

 

□ Therefore, it is necessary to manage the penalty 해외 바카라 사이트 below a certain level or to meet the requirements for reduction of penalty 해외 바카라 사이트 in advance. Even if the requirements for point reduction are not intentionally met, there may be reduction 해외 바카라 사이트 that can be received. It is necessary to review the relevant subcontracting contract and subcontract payments, and to explain the necessity of reduction as actively as possible.

 

□ Although Company D’s management of penalty 해외 바카라 사이트 and reduction 해외 바카라 사이트 was somewhat insufficient, we reviewed all subcontracting contracts and payments thereunder and actively clarified the necessity to reduce the penalty 해외 바카라 사이트. Eventually, we were able to obtain the decision that Company D would be exempted from the request to restrict its qualification to participate in a bidding.

 


□ Attorneys in charge : Back Kwang-hyun, So Jai-hyun and Kim Ji-soo