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(영문) 대전고등법원(청주) 2019.08.14 2019누1457
사업계획불승인처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the ground of the judgment of the court of first instance, and thus, it shall be quoted by Article 8(2) of the Administrative Litigation Act and the main sentence of

(1) The Defendant asserts that the latter part of Article 33(3) of the Support for Small and Medium Enterprise Establishment Act (hereinafter “the former part of Article 33(3) of the Support for Small and Medium Enterprise Establishment Act”) is merely a decoration provision, and that “the latter part of the latter part of the same paragraph (hereinafter “the latter part of the same paragraph shall be deemed to have approved the business plan on the day following the 20th anniversary of the 20th anniversary of the application for approval of the business plan.” However, even if the Defendant considers such circumstances as confusion in administrative practice or excessive restriction on the right to authorize and permit, it cannot be deemed that the latter part of Article 33(3) of the Support for Small and Medium Enterprise Establishment Act should be interpreted as having been alleged by the Defendant, and the latter part of the latter part of the same paragraph shall not be deemed to have been merely a decoration provision in light of the language of the latter part of the same Article and the legal system, etc. Therefore, the Defendant’s claim for the first instance judgment is justifiable, and the Plaintiff’s claim for this case shall not be accepted.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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