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(영문) 광주고등법원 2018.08.23 2018누4235

감봉처분취소

Text

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.

Reasons

1. Basic facts

A. The instant project 1) Jeonnam-do, the outline of the project, discovered a superior forestry person and producers’ organization in 2014 and 2015, and carried out a forest income project to support subsidies (hereinafter “instant project”). The project undertaken in 2014, “2014 business” and “the project undertaken in 2015” refers to the project undertaken in 2015.

(2) An agricultural partnership that is eligible for support to be selected as a business entity shall meet the following requirements to receive subsidies pursuant to attached Table 48 of the former Regulations on the Implementation of Agricultural and Fisheries Projects (amended by the Ministry for Food, Agriculture, Forestry and Fisheries Directive No. 344, Dec. 18, 2012; effective January 1, 2013); the former Framework Regulations on Financial Business Management in the Agricultural and Fisheries Food Industry (amended by Directive No. 113 of the Ministry of Agriculture, Food and Rural Affairs No. 113, Jan. 1, 2014; and the Ministry of Agriculture, Food and Rural Affairs Directive No. 153, Dec. 23, 2014);

- Not less than five members of the association - the total amount of contributions of which is at least 100 million won - the amount of contributions of the association should be paid in a passbook opened in the name of the juristic person - the amount of capital should be paid in excess of the total project cost - the amount of operation performance after its establishment should be at least one year - the procedures for selecting persons eligible for the project of this case are as follows: (1) the Si/Gun to which a specific person belongs: (2) the applicant shall submit an application to the Si/Gun to which he belongs; (3) the applicant shall submit points and review materials, etc. assessed by the applicant; (4) the evaluation committee shall be organized to review and deliberate on the feasibility of the project; and (4) the final selection of persons eligible for the project shall be selected by adding up the points assessed by the Si/Gun/Gu to which the applicant belongs and the south-do.