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(영문) 대구지방법원 2015.08.18 2015구합21539
보조금지급 거부처분취소 등
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. Since the receipt of the report by the Defendant on October 31, 2013 on welfare facilities for persons with disabilities pursuant to Article 59(2) of the Act on Welfare of Persons with Disabilities, the Plaintiff is operating “B”, which is a residential facility for persons with intellectual disabilities and persons withutism.

B. On February 27, 2015, the Plaintiff filed an application with the Defendant for the grant of subsidies to the personnel expenses of persons engaged in living facilities for disabled persons (hereinafter “instant subsidies”) from July 1, 2014 to February 28, 2015. Accordingly, on March 9, 2015, the Defendant issued a reply to reject the Plaintiff’s application for the grant of the instant subsidies (hereinafter “instant disposition”) pursuant to Article 32-2(6) of the Local Finance Act and Article 17(2) of the Kimcheon-si Ordinance on the Management of Local Subsidies (hereinafter “instant Ordinance”).

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) According to the relevant provisions of this case’s Municipal Ordinance, the application for the grant of local subsidies does not necessarily need to be made within the project period, and Article 17(2) of this case’s Municipal Ordinance applies only to the local subsidy project subject to the public announcement under Article 13 of the same Ordinance, and thus, the instant disposition based on Article 17(2) of the Local Finance Act is unlawful, since it cannot be applied to the subsidy of this case designated by the person subject to the public announcement under Article 32-2(4)2 of the same Ordinance, and the instant disposition based on Article 17(2) of the same Ordinance is eventually unlawful.

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