1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On October 2015, the Plaintiff filed an application with the Defendant for direct payments compensating for rice income, etc. (hereinafter “direct payments”) from 2009 to 2014 regarding each of the land listed in the separate sheet No. 1 (hereinafter “instant farmland”).

B. On October 26, 2015, the Defendant issued a notice of the granting of subsidies (hereinafter “instant disposition”) to the Plaintiff on the ground that the instant farmland was excluded from farmland eligible for direct payments pursuant to the main sentence of Article 5(1)1 of the Agricultural Income Preservation Act, as farmland owned by the State within the river area (hereinafter “Agricultural Income Preservation Act”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was directly cultivated from 2005 to 2008. Since the Plaintiff received subsidies on the farmland of this case each year from 2005 to 2008, the Plaintiff’s refusal of the payment of subsidies constitutes “farmland for which subsidies were duly received at least once during the period from January 1, 2005 to December 31, 2008” under the proviso of Article 5(1)1 of the Agricultural Income Preservation Act. The instant disposition is unjust.

B. The details of the relevant statutes are as shown in Appendix 2.

C. In order to become the recipient of subsidies under Article 6(1) of the Agricultural Income Preservation Act, the requirement that “a farmer engaged in rice farming or dry field farming in farmland subject to direct payments under Article 5 of the Agricultural Income Preservation Act” is satisfied. The main text of Article 5(1)1 of the Agricultural Income Preservation Act provides that “farmland located in a river area under Article 2 of the River Act” shall be excluded from the farmland subject to direct payments. The proviso provides, however, the period from January 1, 2005 to December 31, 2008.