보조금지급 거부처분취소 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. Details of the disposition;
A. On October 31, 2013, the Plaintiff reported welfare facilities for persons with disabilities to the Defendant pursuant to Article 59(2) of the Act on Welfare of Persons with Disabilities, and operates “B” as a facility for persons with intellectual disabilities and persons withutism residing therein.
B. On February 27, 2015, the Plaintiff filed an application with the Defendant for a subsidy of KRW 46,00,000 for the personnel expenses of B employees from July 1, 2014 to February 28, 2015 (hereinafter “instant subsidy”).
C. On March 9, 2015, the Defendant sent a reply rejecting the Plaintiff’s application for the instant subsidy (hereinafter “instant disposition”) pursuant to Article 32-2(6) of the Local Finance Act and Article 17(2) of the Ordinance on the Management of Local Subsidies in Kimcheon-si (hereinafter “instant Ordinance”) on the ground that the Plaintiff’s application for the subsidy was not a matter of decision made prior to the project period.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) According to the relevant provisions of the instant Ordinance, since the application for the grant of local subsidies need to be made within the project period, the instant disposition that the Defendant refused to grant subsidies to the Plaintiff on the ground that the Plaintiff did not file an application for the grant before the project period was unlawful. (2) Article 17(2) of the instant Ordinance applies only to the local government-subsidized projects subject to the public notice under Article 13 of the instant Ordinance, and cannot be applied to the instant subsidy designated as a national subsidy project under Article 32-2(4)2 of the Local Finance Act, and thus, the instant disposition that rejected the grant on the ground of Article 17(2) of the instant Ordinance is unlawful
3) Articles 17(1) and 32-2(6) of the Local Finance Act, and Articles 17(1) and 32-2(6) of the Act on the Support of Residence Facilities for Persons with Disabilities (hereinafter referred to as the “
According to Articles 2 and 7 (1), the subsidy of this case is granted.