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(영문) 창원지방법원 2015.04.21 2014구합2001
보조금반납요구처분취소
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. The Plaintiff is a branch office of the Korea Cadastral Welfare Association of Disabled Persons established with the aim of protecting the rights and interests of intellectually disabled persons and contributing to promoting their welfare.

B. On January 9, 2012, the Defendant: (a) ordered the Plaintiff to apply for a subsidy by January 12, 2012; (b) on January 11, 2012, the Plaintiff applied for a subsidy of KRW 109,514,00 for the total project cost (i.e., subsidies of KRW 60,000 (= KRW 49,514,000) to the Defendant on January 11, 2012; and (c) from January 1, 2012 to December 31, 2012, the Plaintiff filed an application for a subsidy with a project plan stating that the subsidies for the development of intellectual disabled and the participation in the community will be filed.

C. On January 18, 2012, the Defendant decided to pay a subsidy of KRW 60 million to the Plaintiff. On February 1, 2012, the Defendant sent guidelines for operating support centers for persons with disabilities with subsidization to the Plaintiff. The main contents are as follows.

(2) A subsidy may be revoked in whole or in part when a subsidy program operator intends to change the details of a subsidy program or to change the distribution of expenses incurred in relation to a subsidy program after obtaining prior approval from the Do Governor (Article 19(1)(m) of the Ordinance on the Management of Subsidies for Gyeongnam-do). (6) A subsidy program operator may use a subsidy for any other purpose, or use a subsidy for any other purpose, other than those prescribed by relevant Acts and subordinate statutes, such as the details of the application for subsidy, the terms and conditions of the application for subsidy, and other relevant Acts and subordinate statutes (Article 18 of the Ordinance on the Management of Subsidies for Gyeongnam-do).

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