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The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Article 35(1) of the former Support for Small and Medium Enterprise Establishment Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter “the Small and Medium Enterprise Establishment Act”) provides that, when approving a business plan pursuant to Article 33(1) of the same Act, authorization or permission that has consulted with the head of another administrative agency shall be deemed granted.
On the other hand, Article 33 (4) of the Small and Medium Enterprise Establishment Act and Article 24 (1) of the Enforcement Decree of the Support for Small and Medium Enterprise Establishment Act provide that the Administrator of Small and Medium Business Administration may prepare and publicly notify guidelines necessary to deal with business affairs related to the approval of a business plan,
Accordingly, according to the integrated work process guidelines for the approval of a business start-up project plan publicly notified by the Administrator of the Small and Medium Business Administration (hereinafter referred to as "business process guidelines"), in cases of processing matters deemed to be approved, the standards and procedures prescribed by the relevant Acts and subordinate statutes on the basis of each authorization and permission (Article 5(1)); application documents and accompanying documents prescribed by the relevant Acts and subordinate statutes on the basis of the constructive authorization and permission shall be deemed attached to the application for approval of the business plan and the business plan even if they are not separately submitted (Article 8(5)), except as otherwise provided for in the above guidelines (Article 15(1)). In such cases, only some of the matters subject to approval of the business plan may be approved, except for the matters subject to authorization and permission which are not related to the consultation (Article 15(1). In such cases, the applicant shall be notified that some of the matters already approved may be revoked (Article 15(2)); and conditions of approval may be imposed in accordance with the standards and procedures prescribed by the relevant Acts