중소기업창업사업계획 승인불허가처분 취소
The appeal is dismissed.
The defendant shall bear the costs of appeal.
The grounds of appeal are examined.
1. Relevant provisions and legal principles
A. Article 33 of the Small and Medium Enterprise Start-up Support Act (hereinafter “Small and Medium Enterprise Start-up Act”) provides for the approval of a business plan as follows:
A founder who intends to engage in manufacturing business shall prepare a business plan, as prescribed by Presidential Decree, and may engage in the business with the approval from the head of the relevant Si/Gun/Gu (hereinafter referred to as “head of the relevant Si, etc.”). The head of the relevant Si, etc. shall notify the approval within 20 days from the date of receipt of an application for approval of the business plan, and shall be deemed to have been approved on the day following the 20th anniversary of the date of receipt of the application for approval of the business plan (Article 33(3) of the Enforcement Decree). The purpose of Article 33(3) of the Act on the Establishment of Small and Medium Enterprises concerning the processing period of approval of the business plan and legal fiction of approval is to promote the establishment of a sound industrial structure through the sound development of small and medium enterprises by compelling the simplification and prompt processing of the procedures for approval of the business plan (see Supreme Court Decision 201223785, Mar. 14, 2013).
Where deemed, the treatment period may be extended once within the scope of the treatment period of the civil petition.
Article 3(1) of the Civil Petitions Treatment Act provides that “Except as otherwise expressly provided for in other Acts, this Act shall apply to civil petitions.”
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B. In full view of the contents, structure, and legislative intent of these provisions, Article 33(3) of the Act on the Establishment of Small and Medium Enterprises as to the treatment period of civil petitions filed by the application for approval of a business plan and the legal fiction of approval is different from that of Article 3(1) of the Civil Petitions Treatment Act.