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(영문) 서울행정법원 2017.11.10 2017구합67087

참여제한 및 정부출연금 환수처분 취소청구의 소

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 2013, Plaintiff A received government contributions from the Defendant and was selected as a major institution that performs the task called “D” (total development period: from June 1, 2013 to May 31, 2018, and the first phase agreement period from June 1, 2013 to May 31, 2015) (hereinafter “instant task”), and entered into an industrial technology innovation project agreement with the Defendant.

Plaintiff

B is the representative director of Plaintiff A, and Plaintiff C is the person in charge of the instant task.

B. On April 4, 2015, Plaintiff A sent an e-mail to the Defendant stating that “it is difficult to proceed due to the lack of our capacity for various reasons, such as the lack of new participating agencies and employment of professional human resources in the field at the time of the next stage establishment,” and on May 13, 2015, Plaintiff A sent to the Defendant an official letter stating that “In the situation where the goal of the first stage project has been achieved, but the two stage-related technology has not been secured, continuing the project would be negatively determined by the State or the closure of the project, and the waiver of the opinion would be voking.”

C. On May 28, 2015, the Defendant: (a) held the Evaluation Committee around 16:40 on May 28, 2015; and (b) the Plaintiff, at the meeting of the Committee, presented an opinion that “it is inappropriate for the Plaintiff to secure other agencies that can cooperate with its efforts, such as participating in the technical consultation conference for small and medium enterprises; and (c) it is difficult to secure the technology related to the objectives of carrying out the two-stage project by failing to secure human resources despite the efforts to employ specialized human resources. Although the provision requires the full return of the procedures for waiver, it is inappropriate to execute the first phase fund in good faith

The Evaluation Committee shall suspend the task of this case by the Plaintiff’s refusal of the task of this case, and the return of government contributions to Plaintiff A and restrictions on the participation of Plaintiffs.