"COVID-19 Spread Is Not a Variable"… Court Criticizes Wholesaler Who Failed to Supply Masks

[Asia Economy Reporter Seongpil Cho] A wholesale company that failed to deliver the masks required for the April 15 general election last year to the National Election Commission as per the contract filed a lawsuit challenging the restriction on bidding eligibility but lost the case.

According to the legal community on the 11th, the Seoul Administrative Court Administrative Division 1 (Presiding Judge Jonghwa Ahn) ruled against the plaintiff in the lawsuit filed by wholesale company A against the National Election Commission seeking to cancel the restriction on bidding eligibility. The court stated, "It is reasonable to conclude that the reason company A failed to fulfill the contract was due to inexperienced handling of tasks and a complacent response."

In March last year, when COVID-19 was spreading, company A signed a private contract with the National Election Commission to supply dustproof masks. However, the quantity supplied by company A was only 4,000 out of the contracted 414,200 masks. Consequently, the National Election Commission imposed a three-month restriction on company A's bidding eligibility. Company A filed a lawsuit challenging this decision.

In court, company A argued, "Due to the government's ‘Mask Supply Stabilization Measures’ in response to the spread of COVID-19, a mask shortage occurred, making it unavoidable to fail to deliver the goods." However, the court rejected this, stating, "The fluctuations in mask demand and supply caused by the spread of COVID-19 can no longer be considered an irresistible force." The court further pointed out, "At the contract stage, company A should have secured the necessary masks in advance or taken equivalent measures."

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