beta
(영문) 광주고등법원 2019.05.30 2018누6576

친환경공법 육계사육농장지원사업 보조금환수처분 등 취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff’s status is an agricultural partnership aimed at improving agricultural productivity and increasing the income of its members through the rationalization of agricultural management.

B. Around June 5, 2007, the Defendant selected the Plaintiff as a recipient of the “B Support Project,” which is a non-military subsidized project, and around October 10, 2007, the Defendant decided to grant the Plaintiff subsidies of KRW 600,000 for construction of livestock pens ( KRW 300,000,000 for special subsidies, KRW 300,000 for military subsidies, KRW 300,000 for military subsidies, KRW 300,000 for the Plaintiff around November 2, 2007, KRW 300,000 for the Plaintiff around 300,000 for 30,000,000 for 30,000,000 for 30,000,000 for 200,000 for 20,000 for the Plaintiff’s new livestock excreta treatment facilities, and KRW 10,000 for 20,010 for 200 for the Plaintiff on February 7, 20100.

C. On March 30, 2018, the Defendant received a request for administrative disposition on the grounds of the Plaintiff’s disguised establishment, unjust receipt of subsidies, and violation of the provisions on restriction on security of real estate acquired from subsidies from the Gwangju District Prosecutors’ Office. (2) On May 8, 2018, the Defendant issued a notice of restitution of B Support Project Subsidies pursuant to Articles 17 and 19 of the former Ordinance on the Management of Military Subsidies (amended by Ordinance No. 2066, Jun. 15, 2012; hereinafter “instant Ordinance”) against the Plaintiff on the grounds as follows:

(hereinafter referred to as “instant Disposition 1”). - A disguisedly established corporation - Improper receipt of subsidies of KRW 600,000,00, such as submission of false funding documents - Violation of the provision on the restriction on disposal of real estate acquired from subsidies - Defendant on May 8, 2018 (hereinafter referred to as “Subsidy Act”) on the grounds as follows.