사업수행능력 공시제도에 대한 경쟁법적 검토

An individual who promotes engineering business, which is a subject to evaluation of business performance ability, has to announce his business plan 60 days prior to expected date of the tender. A person who wishes to participate in the notified engineering business has to submit an application for business participation 30 days prior to expected date of tender. If persons more than 2 wants to participate together, then they have to submit the joint application. Minister of Land, Transport, and Maritime Affairs has to notify the result of construction ability evaluation which is assessed by performance record, capital of the company, and safety, environmental and quality management level of the construction, so that the ordering body can appoint the reasonable worker. Construction ability notified by the ministry signifies the maximum amount of 1 construction that such company can operate. Since there are a lot of parties that are involved with business performance ability notification system, and the fact that there are not much difference in ability to construct, the prior task is to make sure that participants can only obtain transparent information about the market, so that supplier and consumer both have same knowledge about the market. Eventually, the effectiveness of notification system has its core on making sure that each participants of the market has complete knowledge of the market and the product.