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(영문) 대전지방법원 2016.10.13 2016가합101086

징계처분 무효 확인의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumed facts

A. The status of the parties is a research institute aimed at industrial source technology for the sale of information, communications, electronic, broadcasting and related convergence technology, and the National Security Technology Research Institute (hereinafter “Research Institute”) is an affiliated research institute of the defendant.

The Plaintiff, D, and E worked as researchers of the research institute, and the Plaintiff was ordered by the Minister of G around February 2012 while serving as the head of the research institute, and D served as the head of the F Department from February 2012 as the Plaintiff’s successor from February 2012. E was the F Research Institute, and was ordered as the head of H newly established in F from February 2012.

B. 1) The Plaintiff, as the head of F department, was in charge of the headquarters from around 2010 to December 201, 201, and became aware of the fact that the Plaintiff came to know of the J professor. The Plaintiff discussed the possibility of carrying out research by visiting the research institute of J professor with D and E around February 2, 2012. According to the Act on Contracts to Which the State is a Party, the research institute should, in principle, put into general competition in order to enter into a contract, and may enter into a private contract in cases where the technology of a specific person is necessary or competition is not established, such as where a patent is granted exceptionally, etc.

E Accordingly, the J professor entered into a contract for C Development Services (hereinafter “C Development Services”) holding the pertinent patent (L; hereinafter “related patent”) with J professor by means of a free contract with J professor, and the actual research objective was to implement a plan for K Development Services (hereinafter “K Development Services”).

However, at the request of the J professor, the Institute does not enter into a first service contract directly with the J professor, and the J professor enters into a contract with B (hereinafter “B”) of which the Institute is an adviser at the cost of KRW 54 million, and the J professor set the license to grant a patent related to B, and the Institute is the first service and the first service.