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(영문) 창원지방법원 2018.12.19 2018구합52295
보조금영구제한처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs were farmers engaged in fruit farming, and in collusion with F who run the business of establishing pandepanty around February 2014, and received subsidies from the Defendant in excess of the actual amount of the pande unit price and installation expenses. Accordingly, on January 4, 2017, the Plaintiffs were sentenced to each fine in the Changwon District Court's Jinju branch support.

(Seoul District Court Jinwon Branch 2016 Highest 5484). (b)

On January 12, 2018, the Defendant notified the head of a Si/Gun/Gu of the fact that the Plaintiffs were unfairly receiving subsidies for the modernization project of production facilities of high quality of fruit water throughout the country pursuant to Article 63 of the former Framework Regulations on the Management of Financial Services in the Agricultural and Forestry Food Industry (wholly amended by Ordinance of the Ministry of Agriculture, Food and Rural Affairs No. 273, Jan. 2, 2018).

(hereinafter “Notification of this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Judgment on the main defense of this case

A. The defendant's assertion that ① the notification of this case is merely a notification to the head of a Si/Gun/Gu having jurisdiction over the whole country of receiving subsidies from the plaintiffs, and not a direct disposition against the plaintiffs. Thus, the notification of this case does not constitute a disposition subject to appeal litigation, and ② The plaintiffs merely have a factual, indirect, and economic interest due to the notification of this case, and thus, they do not have a legal interest to seek cancellation of the notification of this case. Thus, the lawsuit of this case is unlawful.

B. The term "administrative disposition that is the object of judgment" means an act of an administrative agency under the public law, which directly changes citizens' specific rights and obligations, such as ordering the establishment of rights or the burden of obligations with regard to a specific matter, or giving rise to other legal effects.

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