인건비 보조금 반납처분취소 등
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. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance (including the attached Form), except for the addition of the determination of a new argument in the court of first instance as set forth in the following 2.1. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on new arguments in the trial
A. The gist of the Plaintiff’s assertion 1) The subsidies that the Plaintiff received from the Defendant for the instant project were provided as the financial resources of the State and Jeonnam-do, and thus cannot be deemed the subject of the instant ordinances governing the subsidies derived from the Defendant. Therefore, the instant disposition based on the premise that the subsidies that the Plaintiff received from the Defendant were in violation of the instant ordinances is unlawful. (ii) The Defendant received an annual report on the settlement of accounts concerning the instant project attached to the relevant data, and provided subsidies for the following year without any specific notification except for the amount of 2009 minutes, and the Plaintiff was normally operating the instant project with the said subsidies and received additional subsidies for the instant project in 2010 and 2012.
Therefore, the Plaintiff believed that the execution of the relevant subsidy for the instant project was legitimate, and the instant disposition based on the result of the audit conducted by Jeonnam-do that the execution of the said subsidy was improper is unlawful as it goes against the above Plaintiff’s trust, and thus, is not permissible.
(b) as shown in the attached Form of the relevant statutes;
C. 1) The term “subsidies” under Article 2 subparag. 1 of the Subsidy Management Act refers to subsidies granted by the State for the purpose of creating or providing financial assistance to affairs or projects conducted by non-State entities.