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(영문) 대구지방법원 2021.02.04 2020구합24662
중소기업 창업 사업계획 불승인 처분 취소
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1. The Defendant’s non-approval disposition of the small and medium enterprise start-up business plan issued to the Plaintiff on August 5, 2020 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff was a corporation established on February 24, 2020 for the purpose of manufacturing concrete products; around March 16, 2020, the Plaintiff filed an application for approval of a small and medium enterprise start-up business plan to newly construct and operate a concrete block manufacturing factory with a building area of 264 square meters on the ground other than 8,319 square meters in Seongbuk-gun, Chungcheongnam-gun, Gyeong-do (hereinafter “instant application”). As a result of the examination of the instant application, there is no room for active resolution of the said concerns, explanation of the situation of residents’ consent, etc., and it is difficult to achieve the original objective of the project by comprehensively examining the following: (a) the Plaintiff’s response to the instant application: (b) the damage caused by excessive filling-up of recycled aggregate and the noise damage caused by livestock pens adjacent to the surrounding areas; and (c) the damage caused by flying dust in neighboring camping areas; and (d) the deliberation of an urban planning plan by submitting a written consent from residents that are likely to be true; and (c) there is no room to achieve the inherent methods or probability of the project operator’s.

B. On August 5, 2020, the Defendant issued a disposition not to approve the instant application for the following reasons to the Plaintiff (hereinafter “instant disposition”). 【Unfounded ground for recognition” did not dispute, entry in Gap’s evidence Nos. 1 through 4, and 19, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the ground that the following grounds are unlawful.

1) Article 33(3) of the Small and Medium Enterprise Start-up Support Act (hereinafter “Small and Medium Enterprise Start-up Act”) provides that the head of a Si/Gun/Gu shall give notice of approval within 20 days from the date of receipt of an application for approval of a business plan, and the head of a Si/Gun/Gu has not given notice of approval within 20 days.

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