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(영문) 광주지방법원 2018.05.03 2017구합718
중소기업 창업사업계획 승인신청 반려처분취소
Text

1. On March 10, 2017, the Defendant’s disposition to return the business plan for the establishment of small and medium enterprises against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On August 8, 2016, prior to the instant disposition, the Plaintiff filed an application with the Defendant for a business establishment approval to construct a manufacturing factory of ready-mixed on the land (hereinafter “instant application site”) 284 U.S., U.S., Young-gun and the two parcels (hereinafter “instant application site”) pursuant to the Support for Small and Medium Enterprise Establishment Act.

However, on October 4, 2016, the Defendant issued a non-approval disposition with respect to the above application, and the Plaintiff appealed and filed an application for adjudication with the Jeonnam-do Administrative Appeals Commission, but the said ruling was dismissed on December 26, 2016.

B. On February 9, 2017, the Plaintiff filed an application for approval of the same business start-up business (hereinafter “instant application”) with the Defendant, again, for the same business start-up business with the same content, in addition to the daily production volume of 800 square meters to be reduced to 400 square meters.

C. Accordingly, on February 10, 2017, the Defendant requested the Plaintiff to supplement the following contents in relation to the instant application.

In accordance with Article 22 of the Civil Petitions Treatment Act, the applicant's thickness is required to supplement civil petition documents by March 3, 2017, and if civil petition documents are not supplemented, it is known that civil petition documents received under Article 25 of the Enforcement Decree of the Civil Petitions Treatment Act can be returned.

On March 10, 2017, the Defendant rejected the instant application on the grounds that the instant application document was not supplemented (hereinafter “instant disposition”).

The defendant has requested the petitioner to supplement civil petition documents by March 3, 2017, but will return civil petition documents received pursuant to Article 25 of the Enforcement Decree of the Civil Petitions Treatment Act due to the failure to supplement the civil petition documents, which shall be determined to be another place pursuant to Article 22 of the Civil Petitions Treatment Act for the case of application for approval for the establishment of a business.

[Reasons for Recognition]

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