골재채취업구조조정지원금환수처분취소
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.
1. As a result of examining the grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the plaintiff, the court's reasoning of the judgment of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgment as to the assertion that the plaintiff emphasizes again, and therefore, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. The Plaintiff asserts that whether the Plaintiff is eligible for the restructuring subsidy under the instant public notice should be based on whether the Plaintiff was engaged in underwater aggregate extraction business using equipment, such as dredging vessels owned by the company as of the date of the public notice, and therefore, the Plaintiff constitutes an enterprise subject to restructuring as stipulated in Article 2 of the instant public notice.
However, it is difficult to explain the reasons why an aggregate extraction business entity should submit documents proving the registration or registration of facilities and equipment owned by the aggregate extraction business entity as required at the time of filing an application for a subsidy and the original sales contract or a certificate of manufacture, if it is intended to pay restructuring subsidies only on the basis of whether the dredging vessel used dredging lines to conduct underwater extraction business, regardless of whether the dredging vessel was duly registered, as alleged by the Plaintiff.
In addition, an aggregate extraction business entity who does not possess equipment on the standards for the registration of aggregate extraction business is excluded from those eligible for support following restructuring (Articles 2(4) and 3(1)1 of the Notice of this case). In addition to the circumstances stated in Article 7(2)3 of the Notice, an aggregate extraction business entity shall submit documents proving the registration or registration of facilities and equipment owned and/or the original sales contract or manufacturing certificate (Article 7(2)3 of the Notice of this case), as well as equipment on the standards for the registration of aggregate extraction business prescribed in the Notice of this case at the time of application for subsidies.