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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, an incorporated association, was a pastor belonging to the Korean Federation of Disabled Persons and the Korean Federation of the Korean Federation of the Korean Disabled Persons and established B, around 1985, for the purpose of selecting disabled persons, and opened the D Library located in the Nowon-gu Seoul Special Metropolitan City on March 1, 1992 as an affiliated organization, and worked as the head of the D Library until July 31, 2005.
B. Pursuant to the former Act on the Budgeting and Management of Subsidies (amended by Act No. 10898, Jul. 25, 2011; the title of the Act on the Management of Subsidies has been changed) and the Ordinance on the Management of Subsidies of Busan City, the Defendant granted D Library KRW 31,00,000 with subsidies funded by the national/Do expenses from around 200 to 2003, and subsidies 187,303,000 with subsidies funded by Si expenses.
C. On May 13, 2005, the Plaintiff was convicted of one year of suspended execution for the crime of occupational embezzlement that embezzled subsidies. The above judgment became final and conclusive on September 20, 2005.
On December 30, 2014, the Defendant issued a notice to the Plaintiff to pay KRW 135,551,140 to the D Library subsidy refund to the Plaintiff on the determination that the Plaintiff violated any statute or received subsidies by unlawful means.
(hereinafter “instant disposition”). 2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is merely D Library B or an incorporated association that is its operating entity. Thus, the instant disposition against the Plaintiff, who is not the recipient of the subsidy, is null and void as a matter of course.
(b) Attached Form of relevant statutes;
(c) In order for a defective administrative disposition to be null and void as a matter of course, it must be objectively apparent that the defect is a serious violation of an essential part of the law and its purpose, meaning, function, etc. of the law in determining whether the defect is significant and obvious, and at the same time, it should be reasonably examined about the specificity of the specific case itself.
(b) an administrative agency is a legal relationship.