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(영문) 광주지방법원 2015.10.29 2014구합1192
사업계획승인처분무효확인 등
Text

1. On February 12, 2014, the Defendant’s disposition of approving the establishment of a business against the Intervenor joining the Defendant is invalid.

Reasons

Basic Facts

On April 24, 2013, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) filed an application with the Defendant for approval of a business plan containing permission for development, farmland diversion, and occupancy and use of soil and nitrogen compounds (hereinafter referred to as the “instant project”) pursuant to Article 33(1) of the Support for Small and Medium Enterprise Establishment Act, Article 22 of the Enforcement Decree of the same Act, and Article 14 of the Enforcement Decree of the same Act, with the aim of constructing excreta and garbage disposal facilities (hereinafter referred to as the “instant facilities”) of a total of 3,85 square meters of building area of 1,64.56 square meters (factory 1,625 square meters, building building 19.56 square meters) on the ground of E and two parcels (hereinafter referred to as the “instant application site”).

The product name of a product: The use of organic fertilizer for the purpose of use: The quantity of raw materials for agricultural fertilizers used and the quantity of raw materials for the production of products (unit/monthly) used (unit/monthly) and the business plan submitted by the livestock excreta intervenor to the defendant shall be regarded as "livestock manure" but this seems to be an obvious clerical error in the "livestock excreta".

- The defendant's non-permission and cancellation ruling as of 8 hours per day (25 days per day / year / 300 days per day) was rejected on October 4, 2013, on the ground that "the failure to submit a supplementary report on the result of the measure was not a consultation on development activities," and "the failure to submit a supplementary report on the result of the measure was not a result of development activities."

Accordingly, on October 10, 2013, the Plaintiff filed an administrative appeal seeking the revocation of the foregoing non-permission disposition with the Jeonnam-do Administrative Appeals Commission. On December 27, 2013, the said commission met all the criteria and approval requirements under the relevant Acts and subordinate statutes which are deemed to provide support for the establishment of small and medium enterprises, or authorization and permission, and the instant project plan is significant to be rejected.

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