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All appeals by the plaintiffs are dismissed.
The costs of appeal are assessed against the plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment by the court on this part is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the defense prior to the merits
A. On May 14, 2019, the Plaintiffs filed the instant lawsuit seeking revocation by deeming that the Defendant’s second notification to the Plaintiffs was an administrative disposition.
However, with the first notification of this case, the second notification of this case is merely notification to the purport that the plaintiffs are not allowed to raise an objection against the disposition of restriction on participation in the technological innovation promotion support project and the disposition of recovery of government contributions that had already been made against the plaintiffs, and it cannot be deemed a disposition subject to appeal.
B. In full view of the following circumstances, it is reasonable to view that the second notice of this case constitutes an exercise of public authority, which directly changes the rights and obligations of the people, or an equivalent administrative action, which may result in a direct change in the rights and obligations of the people, and thus, constitutes an appeal litigation independently.
The defendant's prior defense on the merits is without merit.
1 The first and second notifications of this case are all three-year restrictions on participation and recovery of the total amount of contributions.
However, the first notification of this case explicitly states, “The period of restriction on participation shall be applied from the day following the closing date of the objection,” and “if there is an objection against the said disposition, it may file an objection in accordance with our original procedures of objection, and the period of sanctions specified in the objection may be changed.”
According to the above contents, the period of restriction on participation may vary depending on whether to file an objection, and the period of restriction on participation may be changed according to the contents of the objection, and the establishment and contents of the disposition are uncertain.