Since Government Procurement Act (hereinafter referred to as GPA) was implemented, it has been commonly agreed that the 'two level theory' is adopted by the law. That is, on the basis of award of procurement contract, before the contract is awarded, it is considered public law relationship; after the contract is awarded, it is considered private law relationship. Therefore, all controversies occur prior to award of contract are to be addressed in accordance with the opposition, pleadings, and administrative proceedings. Those occur after award of contract are to be conciliated by the complaint review board for government procurement or addressed by conventional civil proceedings or arbitration, as stipulated in Article 85 of GPA. Under the current legal structure, Article 31, Paragraph 2 of GPA enumerates eight circumstances. If any of the circumstances enumerated occur to the tenderer, the procuring entity can withdraw the bid bond deposited. If the bid bond has been returned, it can be recovered. Some questions had been raised when this Article was practically implemented, i.e. whether the act of withdrawing the bid bond belongs to public or private law relationship. The judgements by the Administrative Court reflected different interpretations. However, after the Supreme Administrative Court reached an agreement in 2008, practice started to, according to the 'two level theory', decide whether the legal characteristics belong to public or private nature, based on award of contract. However, there exist doubts regarding the legal characteristics of bid bond withdrawal and recovery. For example, is the act of withdrawing the bid bond embedded with penalty, or only the regulatory administrative measures? Is there any appropriation of the administrative penalty? Is there any statute of limitations ? If yes, does the limitation adopt Administrative Procedure Act or Administrative Penalty Act? How do we determine the starting point? Substantial doubts are still to be clarified. This article, centred around 'withdrawing' and `recovering' the bid bond in Article 31 of GPA, investigates its legal characteristics and the appropriation of the time-based limitation of pursuing.