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(영문) 광주고등법원 2020.07.17 2019누11223
창업자 선정처분 취소 청구의 소
Text

1. Revocation of the first instance judgment.

2. All of the plaintiffs' lawsuits of this case are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Details of the disposition;

A. On March 2014, the Defendant subscribed to an urban regeneration leading area designated competition conducted by the Ministry of Land, Infrastructure and Transport pursuant to Article 33 of the Special Act on Promotion of and Support for Urban Regeneration (hereinafter “Urban Regeneration Act”). On April 28, 2014, the first day was designated as an urban regeneration leading area.

Accordingly, the Defendant promoted the urban regeneration leading area project in E Si according to the urban regeneration revitalization plan pursuant to Article 34 of the Urban Regeneration Act, and constituted a project promotion council for “G business” on November 25, 2016 as one of the unit projects (hereinafter “instant business”). A preliminary business starters selection plan (hereinafter “instant plan”) was formulated around February 2017.

B. On May 26, 2017, according to the instant plan, the Defendant: (a) issued the G Recruitment Notice (hereinafter “instant public announcement”); and (b) 332 persons, including the Plaintiffs, supported the instant public announcement by the said public announcement by June 19, 2017.

The main contents of the above recruitment notice are as follows:

The preliminary business starters who desire to promote the affected original spirit and contribute to the sustainable urban regeneration according to the plan for the promotion of the urban regeneration leading area in the city of Gu recruitment announcement E, shall recruit a preliminary business starters who desire to promote the Gu as follows:

1. Project outline;

(a) Location: Within the area leading I urban regeneration (600,000 square meters);

(b) Solicitation scale: 50 places of business start-up (stores, offices, housing, etc.);

(c) Object of recruitments: 1) Object of business start-up in the field of culture and arts: A person who wishes to start-up in the field of culture and arts: A person who wishes to start-up in the field of food, sale, services and IT

(d) Support scale 1) Support scale: maximum of 50 million won (one individual business operator) support for business start-up education and consulting support, urban regeneration, basic and in-depth education for business start-up: approximately 30 hours (including workshops and field trips);

2. Qualification requirements;

(a) Common matters 1) A person who is selected as a prospective business starters who is 19 years of age or older or under 64 years of age (no local restrictions) and is able to complete education and consulting in good faith.

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