온라인 바카라사이트

1. Case overview

On May 28, 2020, the Public Procurement Service (the "defendant") imposed a one-year sanction on an association ( the "온라인 바카라사이트") pursuant to Article 27 (1) (2) of the Act on Contracts to which the State is a Party (the "Act") on the grounds that the 온라인 바카라사이트 had engaged in collusive behavior in bidding for a survey project (the "Project") ordered by the defendant from 2013 to 2018.

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2. Our assistance

We emphasized that the sanction period in this case was excessive in light of the fact that: the nature of the Project was such that only an agency with a nationwide organization such as the 온라인 바카라사이트 could carry out the Project, which was also recognized by the government department in charge; and the public interest role of the 온라인 바카라사이트 as a non-profit special incorporated entity carrying out a number of public interest projects should be taken into account in making the disposition of this case. At the same time, we requested the tribunal to refer the case to a mediation process so that the parties could fully coordinate their views on the level of disposition of the case.

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​3. The court's judgment: The court recommends mediation to change the disposition to the imposition of a penalty

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The defendant argued that the circumstances alleged by the 온라인 바카라사이트 did not reduce the illegality or reprehensibility of the collusive behavior, and therefore the level of the disposition of the case could not be considered excessive. However, the court accepted the 온라인 바카라사이트's argument and made a recommendation for mediation, in which the 온라인 바카라사이트 would dismiss the case if the defendant changed the disposition of the case to a penalty.

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Based on the above recommendation, the defendant requested the Ministry of Strategy and Finance's Penalty Imposition Review Committee to deliberate on replacing the disposition of the case with the imposition of a penalty. We appeared before the review committee and actively argued that: △ if the 온라인 바카라사이트 is restricted from participating in the bidding, there will no longer be a valid competitive bidding for the Project; △ the 온라인 바카라사이트 has not only disciplined all the employees who led the violation of the law related to the Project, but is also focusing on internal training to prevent recurrence of the violation; and △ if the 온라인 바카라사이트 is restricted from participating in the bidding, it is inevitable that there will be a disruption in the performance of public service projects, as the 온라인 바카라사이트 is conducting numerous public service projects.

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The Ministry of Strategy and Finance's Penalty Imposition Review Committee accepted the above arguments and made a decision to impose the penalty. As the defendant accepted the court's mediation recommendation in accordance with the decision, the disposition of the case against the 온라인 바카라사이트 was reduced and changed to the imposition of a penalty.

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4. Significance of the case

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In this case, we successfully induced a change of disposition in an administrative proceeding through the unusual method of recommending mediation in an administrative proceeding, thereby minimizing the damage that the other party suffered from the administrative disposition.

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Our approach in this case may serve as a model for minimizing the harm to the other party to an administrative action in future cases where the level of the administrative action is contested.

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​□ Attorney in charge: Baek Gwang-hyeon, So Jai-hyun and Han Weon-cheol