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(영문) 서울행정법원 2018.07.05 2017구합79417
재심의결정 취소 등
Text

All of the plaintiffs' lawsuits are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Grounds for filing the lawsuit;

A. The Ministry of Land, Infrastructure and Transport from 2012 to 2014, for the purpose of supporting the 9 local rivers in Jeju-si, granted the government subsidy of KRW 41.15 billion, which is 60% of the total project cost at Jeju-si, and granted the government subsidy of KRW 41.25 billion, which is 60% of the total project cost at Seopo-si, for the purpose of supporting the 12 local river improvement projects in Seopo-si, Seopo-si.

B. From September 14, 2015 to October 16 of the same year, the Defendant conducted an audit on the management status of government subsidies related to subsidized projects by the Ministry of Land, Infrastructure and Transport and the Ministry of Environment (hereinafter “instant audit”).

C. On February 18, 2016, according to the instant audit results, according to Articles 22(1), 23, and 34(1), etc. of the Subsidy Management Act, the Defendant: (a) on the ground that the Plaintiff’s Jeju Mayor and Seopo City Mayor executed the projects other than the national subsidy to be granted; (b) on the ground that the subsidized project operator used the national subsidy, he/she shall set up a separate account for each of the respective national subsidy projects when using the national subsidy; and (c) he/she shall not execute the national subsidy without the approval of the head of the central government agency for the projects other than the purpose that is not reflected in the river work implementation plan under the basic river plan; and (d) on the other hand, the Jeju City executed the projects other than the national subsidy decision-making decision-making decision-making decision-making decision-making on the nine local rivers improvement projects; and (d) Seopo City returned City returned KRW 11,406,53,670 among the national subsidy-making projects other than the national subsidy decision-making decision-making decision-making.

The Plaintiff’s demand for caution to the Jeju Market is “A demand for caution to the Jeju Market” and the Plaintiff’s Seocho Market.

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