Regulations for Handling Disputes over the Application and Evaluation Procedures for Cases Concerning Private Participation in Infrastructure Projects Article 2

If an applicant for participation in an infrastructure project (“applicant”) believes that any of the authority in charge’s acts or decisions in the application and evaluation procedures is in violation of the Act or any applicable laws or regulations, which damages the applicant’s rights or interests, the applicant may file a written protest with the authority in charge before the following deadline:1. A protest against the terms governing the announcement of the bidding documents for inviting private participation may be made from the day after the announcement to up to two thirds of the days within the application period; if the final day is a segment of one day, the final day shall be counted as one day. Nevertheless, the entire time limit for filing such protest shall not be shorter than 10 days.2. A protest against the application and evaluation procedures, decisions or results may be made within 30 days after the date of receipt of the authority in charge’s notice or the announcement. Where there is no notice or announcement of the procedures, decisions or results, a protest may be made within 30 days after the day the procedures, decisions or results are or can be known.3. A protest against a decision made after the evaluation results or before the execution of a concession agreement may be made within 30 days after the date of receipt of the authority in charge’s notice or the announcement.Where the authority in charge authorizes or commissions an agency in accordance with Article 5 of the Act to handle matters to be handled by the authority in charge under the Act, the authorized or commissioned agency shall be the party to accept and handle a protest made in accordance with the preceding paragraph, unless otherwise provided in the announcement of the bidding documents for inviting private participation.