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(영문) 광주지방법원 2016.04.21 2015구합13376
폐업지원금지급거부처분 취소의 소
Text

1. On October 1, 2015, the Defendant’s disposition to refuse to pay the closure subsidy granted to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

On September 13, 2013, the Plaintiff operated a livestock shed that raises Chinese cattle in Jeonnam-gun B, and applied for subsidies for discontinuance of business pursuant to Article 9 of the Special Act on Assistance to Farmers, Fishermen, etc. following the Conclusion of Free Trade Agreements (hereinafter “FTA”) to the Defendant.

On May 31, 2014, the Defendant selected the Plaintiff as a person eligible for subsidies for discontinuance of business, and paid compensation for discontinuance of business to the Korea-China 39 persons owned by the Plaintiff.

Around that time, the Plaintiff disposed of Korea-China while closing down the said livestock shed, and did not dispose of some of the one eligible for subsidies for discontinuance of business until November 30, 2014.

Accordingly, on October 1, 2015, the Defendant issued a refusal disposition to pay the closure subsidy (hereinafter “instant refusal disposition”) to the Plaintiff on the ground that “as the disposition was taken on or before November 30, 2014, the total amount of eight (8) years including only the 39dus eligible for the closure subsidy, including only the 39dus eligible for the closure subsidy, was completed and only the 8-does eligible for the closure subsidy was taken on or before November 30, 2014, the Plaintiff was not eligible for the closure subsidy as it did not dispose of all the Chinese-does owned by the Plaintiff by November 30, 2014

[Reasons for Recognition] The plaintiff's assertion that there is no dispute, Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 3, 5, 9 through 12 (including each number), the purport of the whole pleadings is legitimate. First, the plaintiff's assertion that the disposition of disposition of the whole pleadings is legitimate, the plaintiff was selected as a person eligible for payment of subsidies for discontinuance of business in accordance with the Free Trade Agreement (FTA), the Agriculture and Fisheries Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the same Act. Accordingly, the plaintiff's disposition of the

In addition, the "Guidelines for the Implementation of Projects", which stipulates that livestock shall be disposed of by November 30, 2014, provides that "the Guidelines for the Implementation of Livestock Business-Closure Support System (the Livestock Industry) in 2013, is "the Guidelines for the Implementation of Projects".

It is only effective within the administrative organization because it falls under the rule of administrative affairs within the administrative agency, and has external binding power.

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