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(영문) 부산고등법원 2017.10.20 2017누22145
골재채취업 구조조정 지원금 환수(과오지급)결정 처분 취소
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff C corporation corresponding to the above revoked part shall be revoked.

Reasons

1. Details of the disposition;

A. The Plaintiffs are companies that run the aggregate extraction business in F lower-class zones, etc.

(hereinafter in the name of the plaintiffs, “stock company” is omitted). B

In order to support restructuring of underwater aggregate extraction business, which is unable to continue aggregate extraction business due to the implementation of G lives business, Article 10(3) of the former Aggregate Extraction Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “ Aggregate Extraction Act”) and Article 2-3 of the former Enforcement Rule of the Aggregate Extraction Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 1, Mar. 23, 2013; hereinafter “Enforcement Rule of the Aggregate Extraction Act”) was enacted on August 16, 2012.

According to the instant implementation guidelines, the subject of restructuring is a person, etc. who intends to discontinue the relevant business among the registration companies of underwater aggregate extraction business at the time of the public announcement date of the G project implementation plan (hereinafter “base date”) (Article 2); the scope of support is dredging lines under the standards for the registration of aggregate extraction business, equipment purchase, such as screening machines, and equipment purchase funds, closure support funds, etc. (Article 3); and the Defendant is the subject of

(Article IV(1)(c).

On August 31, 2012, the Defendant publicly announced the subjects and methods of application for support for the restructuring of aggregate extraction business under F lives business (hereinafter “instant business”) through “public announcement (H) of the implementation of restructuring of aggregate extraction business” (hereinafter “instant project”) according to the purport of the instant implementation guidelines.

The plaintiffs filed an application for the payment of the support fund for restructuring of aggregate extraction business (hereinafter referred to as "rescue support fund") with the defendant in accordance with the above public notice, and the defendant shall hold a deliberation committee on January 31, 2013 to determine to pay the plaintiffs the support fund for restructuring, including the subsidy for business closure, and shall not exceed KRW 160 million for the plaintiffs A and the rest of the plaintiffs, respectively.

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