보상금지급거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The Plaintiff is a person who operates a two-way livestock farmer (hereinafter referred to as the “instant farm”) with the trade name “C” from Gangwon-gun, Gangwon-gun.
On March 12, 2015, the Plaintiff shipped 83 heads of pigs, and the slaughterhouse inspector discovered and reported pigs suspected of having been Remedial disease before slaughter, and the veterinary inspector found 898 heads of pigs, showing clinical symptoms, etc. from among the pigs in the instant farm on the same day when the pigs suspected of having been Remedial disease in the slaughterhouse were found to have been Remedial disease training.
On March 13, 2015, the Defendant issued an order to destroy part of the swindry livestock and live together with the Defendant, among the pigs of the instant farm, and pursuant to the above order of slaughter, the Defendant slaughtered the pigs of 4,058 out of 8,447 heads of the instant farm from March 13, 2015 to March 15, 2015 (hereinafter “instant slaughter”).
On July 27, 2015, the Defendant notified the Plaintiff that “In relation to compensation pursuant to Article 48 of the Contagious Animal Disease Prevention Act for the slaughter of this case, 20% shall be reduced as it falls under a farm household which is a trainee as a result of contagious animal disease diagnostic tests, and 60% shall be reduced as it falls under a case where a veterinary inspector voluntarily discovers the occurrence of the outbreak, and 257,128,000 won shall be paid as compensation, 20% of the appraised value of the total amount to be slaughtered of this case as 1,285,640,657 won.”
On June 22, 2016, the Plaintiff submitted an application to the Defendant for payment of compensation with the payment of the full amount of the appraised value of the quantity to be slaughtered in this case as compensation.
On July 4, 2016, the Defendant notified the Plaintiff on April 6, 2016 that KRW 257,128,000, which is 20% of the appraised value of the amount of money to be slaughtered in the instant case, shall be paid as compensation (hereinafter “instant notification”).
On January 13, 2017, the Plaintiff rendered the instant case to the District Court on July 4, 2016.