보조금지급거부처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On October 31, 2013, the Plaintiff reported welfare facilities for persons with disabilities to the Defendant pursuant to Article 59(2) of the Act on Welfare of Persons with Disabilities, and operates “B” as a facility for persons with intellectual disabilities and persons withutism residing therein.
B. On March 31, 2015, the Plaintiff filed an application with the Defendant for a subsidy of KRW 23,400,000 for the personnel expenses of B employees from April 1, 2015 to June 30, 2015 (hereinafter “instant subsidy”).
C. On April 24, 2015, the Defendant rendered a reply to the Plaintiff rejecting the instant application for the grant of subsidies for the following reasons (hereinafter “instant disposition”).
This case's subsidy is not a matter of budget compilation pursuant to Article 5 of the Ordinance on the Management of Local Subsidies in Kimcheon-si, but it is impossible to grant a subsidy because it establishes a subsidy support plan within the budget of the corresponding year pursuant to Article 13 (1) of the above Ordinance.
On August 18, 2015, the Plaintiff filed an administrative appeal against the instant disposition with the Standing Committee on Administrative Appeals, which was dismissed on September 24, 2015.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Judgment on the main defense of this case
A. The Defendant’s main defense defense Plaintiff was notified of the instant disposition on April 30, 2015, and filed the instant lawsuit on August 18, 2015 after the lapse of 90 days thereafter. As such, the instant lawsuit is unlawful in view of its lapse.
(b) Any request for administrative appeal shall be filed within 90 days after the date on which the disposition is known, within 180 days after the date on which the disposition is made (Article 27 (1) and (3) of the Administrative Appeals Act); and when the administrative agency fails to notify the period for requesting an administrative appeal, the request for administrative appeal may be filed within
(Article 6). On the other hand, a revocation suit shall be filed within 90 days from the date on which the disposition is known, but if a legitimate administrative appeal is filed, the period of filing the suit shall be the authentic copy of the written adjudication.