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(영문) 청주지방법원 2019.11.07 2019구합6005
창업사업계획승인불가처분취소 청구의 소
Text

1. On February 26, 2019, the Defendant’s disposition not to grant authorization for the establishment of a new business to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On January 7, 2019, the Plaintiff, pursuant to Article 33 of the Support for Small and Medium Enterprise Establishment Act, filed an application with the Defendant for approval of a business plan (hereinafter “instant application”) with the content of constructing a factory building of a total of 3,797 square meters of 9,784 square meters (i.e., 3,390 square meters of manufacturing facilities, 63.6 square meters of ancillary facilities) (hereinafter “instant business plan”) on a total of 1,000 square meters (hereinafter “instant application”).

B. On January 8, 2019, pursuant to Article 20 of the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”), the Defendant requested the relevant department to hold consultation on authorization or permission for the instant application under Article 35 of the Support for Small and Medium Enterprise Establishment Act (hereinafter “Civil Petitions Treatment Act”), and the relevant department submitted its opinions.

C. On February 26, 2019, the Defendant issued a non-approval of the instant application to the Plaintiff on the ground that “the US River and the by-products of stuffed oil, which are raw materials in the business plan, constitute industrial wastes pursuant to Article 2-2 of the Wastes Control Act and Article 4-2(3) of the Enforcement Rule of the same Act, constitutes industrial wastes and thus subject to a license for waste disposal business under Article 25 of the same Act” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 7, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

Article 33 (3) of the Support for Small and Medium Enterprise Establishment Act provides that "the head of a Si/Gun/Gu shall give notice of whether to grant approval within 20 days from the date of receipt of an application for approval of a business plan" to the effect that "if he/she fails to give notice of approval within 20 days from the date following the 20-day date, he/she shall be deemed to have given approval."

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