The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The "13,169,020 won" of the judgment of the court of first instance under paragraph (1) is 13.

The grounds of appeal are examined.

1.(a)

According to the former Rice Income Preservation Act (amended by Act No. 9531, Mar. 25, 2009; amended by Act No. 11690, Mar. 23, 2013; repealed by Act No. 2 of the Addenda to the Act on Agricultural Income Preservation effective January 1, 2015; hereinafter “former Rice Income Preservation Act”), the Minister for Food, Agriculture, Forestry and Fisheries shall grant “income subsidies” (hereinafter “subsidies”) to farmers, etc. every year to stabilize their income to the extent of the exemption criteria and scope of the domestic subsidy reduction commitments under the Marrakesh Agreement Establishing the World Trade Organization.

(4) Article 4. According to the same Act, where a person who has registered or received subsidies by fraud or other improper means registers or receives subsidies, the Minister for Food, Agriculture, Forestry and Fisheries shall not fully grant subsidies for all registered farmland (Article 13(1)1), and where subsidies have already been paid, notwithstanding the aforementioned reasons, the same shall be returned (the first sentence of Article 13-2(1)). In such cases, where subsidies fall under Article 13(1)1, the Minister shall additionally collect twice the amount paid.

(The latter part of Article 13-2(1) of the Act on the Preservation of Rice Income, Etc. (amended by Act No. 9531, Mar. 25, 2009; hereinafter referred to as “instant provision”) only stipulates that where a person who registered subsidies has made registration by fraud or other improper means, subsidies shall be collected if the amount already paid exists without paying subsidies in whole (Article 13(1)1), and that no provision exists to require additional collection (Article 13(1)1).

However, in the process of implementing the subsidies system, there are problems such as the provision of subsidies to new entry farmers who are not superior to the opening of the rice market or to those who have income other than a fixed amount of agricultural income.