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(영문) 부산지방법원 2017.03.31 2016구합3018
골재채취업구조조정지원금환수처분취소
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. The Plaintiff is a company that has engaged in underwater aggregate extraction business in the mouth area of the Nakdong River.

B. On August 16, 2012, pursuant to Article 10(3) of the former Aggregate Extraction Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same) and Article 2-3 of the former Enforcement Rule of the Aggregate Extraction Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 1, Mar. 23, 2013; hereinafter the same shall apply), the Minister of Land, Transport and Maritime Affairs publicly announced the “Guidelines for the Implementation of Support for the Restructuring of Aggregate Extraction Business following the implementation of the four River Projects (hereinafter “instant Implementation Guidelines”), and the main contents of the instant Implementation Guidelines are as follows:

The purpose of Article 1 (Purpose) Article 10 (3) of the Aggregate Extraction Act and Article 2-3 of the Enforcement Rule of the same Act is to determine matters necessary for the implementation of restructuring support for companies related to the extraction and transportation of aggregate (hereinafter referred to as "water extraction business, etc.") after concluding a charter contract with the underwater aggregate extraction business that is prohibited from continuing the aggregate extraction business due to the restriction on the extraction of aggregate due to the implementation of the guidelines for supporting the restructuring of aggregate extraction business pursuant to the enforcement of Article 1 (4) of the Act and Article 2-3 of the Enforcement Rule of the same Act.

Article 2 (Persons Eligible for Support) (1) Types of business eligible for support for restructuring of aggregate extraction business under this guidelines shall be "aggregate extraction business, etc.", the aggregate extraction business of which cannot continue due to the restriction on aggregate extraction due to four projects among aggregate extraction business under Article 2-2 of the Enforcement Decree of the Aggregate Extraction Act (hereinafter referred to as the "Decree").

(2) An underwater aggregate extraction business subject to support under paragraph (1) shall be limited to an aggregate extraction business entity who intends to close the relevant aggregate extraction business among aggregate extraction business entities who have registered "water extraction business" under Article 2-2 of the Decree at the time of the public announcement date of an implementation plan for the four major projects (hereinafter referred to as "base date").

(C) Article 3(1)1 of the Act shall not apply to any person who is not in the possession of the equipment.

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