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Court pauses South Korea's bidding ban on LIG D&A as a KF-21 missile contract waits on a November hearing

A temporary court order keeps the bribery-hit missile maker eligible for state bids until 20 November, with a formal hearing set for 5 November.

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Military trucks carrying a radar panel, a raised vertical missile launcher and a control shelter parked on open ground
File photo: The multifunction radar, vertical launcher and control vehicles of South Korea's M-SAM Block-II air defence system, in an image released by DAPA in October 2021.Photo: Defense Acquisition Program Administration (DAPA), via Wikimedia Commons, KOGL Type 1 Korea Open Government License Type 1 (KOGL Type 1, attribution)

TAIPEI —

A South Korean court has temporarily suspended the two-year ban on public bidding that the Defense Acquisition Program Administration (DAPA) imposed on LIG Defence and Aerospace, the company said in a regulatory disclosure on Tuesday, 27 October. Under the order, the sanction has no effect until 20 November.

The court will hear the company's formal request for a stay on 5 November, and that decision will settle how long the suspension lasts. LIG D&A said that if the formal stay is granted, it will keep its eligibility to bid until a court rules on its separate lawsuit seeking to cancel the sanction. The company added that it would continue to explain its position through official procedures.

The ban had been due to take effect on 29 October and run until 28 October 2028. In a corrected filing, the company now lists the restriction period as 21 November 2026 to 20 November 2028, while warning that those dates may change again after the court's decision. The temporary order does not cancel the sanction itself.

Why DAPA acted

DAPA's defence contract review committee decided on 20 October to bar the company from bidding for government, local government and public-sector contracts for 24 months, the maximum allowed under South Korea's state contracts law. The agency cited what it called the largest bribery case since it was founded, long-running and planned cost fraud, and damage to trust in national security and defence acquisition.

A DAPA official has been indicted on charges of taking about 460 million won in money and goods from employees of LIG D&A and other defence firms. Financial News reported that prosecutors accuse LIG D&A staff of giving the official 320 million won. The company filed for a stay and a lawsuit against the sanction on 22 October.

Chief executive Shin Ik-hyun told the National Assembly defence committee's audit on 26 October that it would have been structurally impossible for the company to raise such funds for bribes, and said two executives involved in the case deny the charges. He also said he felt responsible as chief executive and described steps to tighten compliance.

The KF-21 missile contract at stake

The most immediate question is a long-range air-to-air missile being developed for the KF-21 fighter. According to the Forth Journal, LIG D&A ranked first in the proposal evaluation for system integration and four other prototype areas, with Hanwha Aerospace second for system integration. The programme is budgeted at about 1.9 trillion won, including 753.5 billion won for development and 1.147 trillion won for follow-on production, with a final contract expected in December.

Because the temporary stay ends before that expected signing date, whether LIG D&A can keep its eligibility through negotiations is now the key issue, SME Daily reported. The paper added that the available filings and reports do not show that the contract has been delayed or the project halted. Financial News cited industry views that the project would face delays if the company dropped out.

DAPA is also pursuing other measures. It has asked the trade and industry ministry to review cancelling LIG D&A's defence contractor designation for a 22.9 billion won counter-drone programme, which is meant to detect small enemy drones and jam them off course. The agency is also reviewing the company's cost management certification, which could lead to the recovery of extra profit paid under it.

Why it matters

LIG D&A earned about 2.78 trillion won from government and public-sector customers last year, or 64.5 percent of its total sales of about 4.31 trillion won, according to its filing. The 5 November hearing will therefore decide not only the company's near-term business but also whether one of South Korea's main guided-weapons programmes for its indigenous fighter can stay on its planned timetable.

Sources

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