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(영문) 전주지방법원 2016.04.21 2015구합803

투자보조금 지급거부처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 7, 2011, the Plaintiff completed the registration of incorporation as a corporation mainly engaged in shock, painting, business, or treatment business.

B. On March 9, 2011, the Plaintiff entered into a contract with the Korea Industrial Complex Corporation to move into the Si of Gun Industrial Complex in the B Complex, purchased the said site, constructed a factory, and completed the process of factory registration on February 21, 2012.

C. On April 4, 2014, the Plaintiff filed an application for the relocation subsidy (hereinafter “instant subsidy”) pursuant to Article 23(3) and (5) of the Ordinance on Promotion of the Investment Attraction of Jeollabuk-do and the Enforcement Rule of the same Ordinance (hereinafter “Enforcement Rule”), and Articles 11(4) and 11-6(1) of the same Ordinance, with respect to the Defendant (hereinafter “instant subsidy”).

On April 15, 2014, the Defendant rejected the said application to the Plaintiff for the following reasons:

(2) Article 24-3 of the Ordinance on Promotion of Investment Inducement (amended by Ordinance No. 3607, Oct. 14, 201; Ordinance No. 3607, Mar. 9, 2011; Ordinance No. 3607, Mar. 9, 201; Ordinance No. 360, Mar. 9, 201; hereinafter “Disposition”). In relation to the Plaintiff’s request for the payment of subsidies, the Plaintiff constitutes a new corporation at the time of entering into a concurrent occupancy contract with the incorporation on March 9, 2011. - Article 30(3) of the current Ordinance No. 30, supra, presented as the ground for support by the company, applies to MOU companies after the amendment of Ordinance No. 1138, Aug. 9, 2013.