beta
(영문) 부산지방법원 2017.05.12 2016구합23036

골재채취업 구조조정 지원금 환수(과오지급)결정 처분 취소

Text

1. Aggregate extraction business of KRW 40,000,000 against Plaintiff C and D on May 18, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiffs are companies that run the aggregate extraction business in F lower-class zones, etc.

B. On August 16, 2012, pursuant to Article 10(3) of the former Aggregate Extraction Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same) and Article 2-3 of the former Enforcement Rule of the Aggregate Extraction Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 1, Mar. 23, 2013; hereinafter the same shall apply), the Minister of Land, Transport and Maritime Affairs publicly announced the “Guidelines to support the restructuring of aggregate extraction business following the implementation of G living programs (hereinafter “instant implementation guidelines”), and the main contents of the instant implementation guidelines are as follows:

The purpose of Article 1 (Purpose) Article 10 (3) of the Aggregate Extraction Act and Article 2-3 of the Enforcement Rule of the same Act is to determine matters necessary for the implementation of restructuring support for companies related to the extraction and transportation of aggregate (hereinafter referred to as "water extraction business, etc.") after concluding a charter contract with the underwater aggregate extraction business that is unable to continue the aggregate extraction business due to the restriction on aggregate extraction due to the implementation of the guidelines for supporting the restructuring of aggregate extraction business pursuant to the enforcement of Article 1 (Purpose) and Article 10 (3) of the same Act.

Article 2 (Persons Eligible for Support) (1) Types of business eligible for support for restructuring of aggregate extraction business under this guidelines shall be referred to as " underwater aggregate extraction business, etc., the aggregate extraction business of which cannot continue to be operated due to restrictions on aggregate extraction due to G business among aggregate extraction business under Article 2-2 of the Enforcement Decree of the Aggregate Extraction Act (hereinafter referred

(2) An underwater aggregate extraction business subject to support under paragraph (1) shall be limited to an aggregate extraction business entity who intends to close the relevant aggregate extraction business among aggregate extraction business entities who have registered an " underwater aggregate extraction business" under Article 2-2 of the Decree at the time of the public announcement date of an implementation plan for G business (hereinafter referred to as "base date").

( Strategy) An aggregate extraction business entity that does not possess equipment falling under Article 3(1)1 shall be subject to restructuring.