보조금 행정의 적법성을 위한 법제적 고찰 - 「보조금법」상 부정 수급 제도를 중심으로 -

Abstract

The Subsidy Act assumes illegal supply and demand as a policy concept for subsidy management, and at the same time stipulates it as a requirement for withdrawal and sanctions. Under the Subsidy Act, fraudulent receipt of goods is subject to administrative penalties and various administrative sanctions at the same time. Illegal receipt and receipt of subsidies will first cause the cancellation of the subsidy grant decision and a return order. It also leads to sanctions such as exclusion from performance or restriction of payment that disqualify the performance of subsidized projects or subsidies. In addition, there is a separate system for imposing monetary sanctions based on the illegality of supply or receipt. As such, in the 「Subsidy Act」, ‘unfair supply and demand’ can be said to be a pivotal concept in subsidy management administration. However, the current 「Subsidy Act」 has a problem of somewhat comprehensively defining the concept of illegal supply and demand as a punishment rule, and has a problem that both criminal punishment and administrative order punishment can be imposed at the same time. Accordingly, this paper aimed to critically examine the subsidy administration from a legal point of view by pointing out issues for interpreting and applying the current subsidy law in accordance with the purpose and purpose of the original law. Legislative reviews include legislative considerations that point out problems in laws and seek ways to improve them. This research method, unlike the interpretation theory to solve the case that has already occurred, analyzes the logic of the current law, criticizes the parts that are expected to cause disputes, and follows the purpose of presenting legislative alternatives. In this way, this thesis analyzes the issue of interpretation of the statute to secure the legitimacy of the administration for sanctioning the illegal supply and demand under the Subsidy Act by dividing it into the problem of illegal supply and demand of subsidy business operators and the problem of illegal supply and demand of subsidy recipients.