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(영문) 의정부지방법원 2017.09.26 2017구합10123

보상금지급거부처분취소청구의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who engages in fish farming in the Gangwon-gun C farm located in Gangwon-gun B (hereinafter “instant farm”).

B. Upon the occurrence of a foot-and-mouth disease in the instant farm, the Defendant slaughtered 4,064 pigs raised by the Plaintiff at the instant farm for four days from March 12, 2015 to May 15, 2015 pursuant to Article 20 of the former Contagious Animal Disease Prevention Act (amended by Act No. 1353, Jun. 22, 2015; hereinafter the same).

C. On July 27, 2015, the Defendant notified the Plaintiff of the following pursuant to Article 48 of the former Contagious Animal Disease Prevention Act, Article 11 of the former Enforcement Decree of the Contagious Animal Disease Prevention Act (amended by Presidential Decree No. 26740, Dec. 22, 2015), and the guidelines for the payment of compensation for slaughtered livestock, etc. (Notice No. 2014-103, the Ministry of Agriculture, Food and Rural Affairs notified the Plaintiff of the assessment and guidance for the payment of compensation for slaughtered livestock. However, on October 20, 2015 without applying for the payment of compensation, the Defendant filed a lawsuit against the steel source for the increase of compensation amount (Korean District Court Decision 2015Guhap9709, Oct. 20, 205; hereinafter referred to as “prior lawsuit”), and deposited KRW 257,128,000 with the Government District Court on April 6, 2016.

(No. 2567). Compensation (100%) for appraised (10%) in 2016. (20%) Reduction (20% of the appraised value) 1,285,640,657 won 257,128,000 won 1,028,512,657 won 4,067 won - Criteria for reduction of appraised value and amount of compensation for 4,064 won - Farming households who have slaughtered livestock and are trained as a result of diagnostic of contagious animal diseases: Reduction by 20% - Imposition of 20% for livestock epidemics or implementation of two or less of the measures taken by a veterinary inspector by themselves: Reduction by additional 60%

D. On June 24, 2016, the Plaintiff filed an application with the Plaintiff for payment of the total amount of 100%, rather than 20% of the appraised amount, since it is unfair for the Plaintiff to assume the responsibility for the outbreak of a foot-and-mouth disease on the part of the Defendant. However, the Defendant deposited the compensation money as above on July 4, 2016.