보조금지급거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
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 March 31, 2015, the Plaintiff filed an application with the Defendant for subsidies for personnel expenses of B employees from April 1, 2015 to June 30, 2015 (hereinafter “instant subsidies”).
C. On April 24, 2015, the Defendant rejected the Plaintiff’s application for the instant subsidy grant (hereinafter “instant disposition”) for the following reasons.
The instant subsidy is not a matter of budget compilation pursuant to Article 5 of the Ordinance on the Management of Local Subsidies in Kimcheon-si (hereinafter referred to as the "Geocheon-si Ordinance"), but it is impossible to grant a subsidy because it establishes a subsidy support plan within the budget of the relevant year pursuant to Article 13 (1) of the Ordinance.
On August 18, 2015, the Plaintiff filed an administrative appeal against the instant disposition with the Standing Committee on Administrative Appeals, which was dismissed on September 24, 2015.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including each number), and the purport of whole pleading
2. Judgment on the main defense of this case
A. The Defendant’s main defense defense Plaintiff was notified of the instant disposition on April 30, 2015, and filed the instant lawsuit on August 18, 2015 after the lapse of 90 days, and thus, is unlawful as the period for filing the lawsuit expires.
(b) An administrative appeal shall be filed within 90 days after the date on which the disposition is known, within 180 days after the date on which the disposition is made (Article 27 (1) and (3) of the Administrative Appeals Act); when the administrative agency fails to notify the period for filing an administrative appeal, an administrative appeal may be filed within 180 days
(6) On the other hand, a revocation suit shall be filed within 90 days from the date on which the disposition is known, but if a legitimate administrative appeal is filed, the period of filing the suit shall be the date of receiving the original copy of the written adjudication.