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(영문) 서울행정법원 2020.02.07 2019구합62123

연구참여제한 등 취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From 2013 to 2017, the Industry-Academic Cooperation Foundation (Cooperative Institute) and the Plaintiff, a professor of the Food Nutrition Department at the Life Science University at B, as a person in charge of research, entered into a contract on each of the following cooperative research (hereinafter referred to as “research” by setting the number of units as listed below, and collectively referred to as “the instant research”).

In the course of performing the instant study, the Plaintiff, as indicated in the attached Table 1, used each of the following money in the student personnel expenses column (hereinafter “the instant personnel expenses”) for the researchers as joint research funds by receiving and managing a passbook from the researchers of the Food Nutrition Department and clinical Research Center (hereinafter “the instant laboratory”) or by receiving some of the personnel expenses received by the researchers.

- 1 C. D. - 2. 1. 2. 1 to 2. 1 August 1, 2013, 31 to 3, 57, 40 on September 12, 2013, 1 to 31. 28, 50, 00 on October 15, 2014; 3. 6. 1 to 3. 4. 6. 8. 6. 6. 1 to 3. 4. 6. 6. 2. 1 to 4. 1. 8. 6. 1 to 4. 5, 206; 1. 6. 1 to 3. 6. 4. 6. 6. 1 to 4. 7. 2. 8, 2015; 5. 57, 473, 943 E. 2. 1 to 18. 2013

B. On January 15, 2018, the Korean Research Foundation held that the result of the instant research conducted jointly with the instant personnel expenses and that the research expenses were spent unfairly for any other purpose. On January 15, 2019, the Defendant rendered a decision that the research expenses were spent unfairly. Article 11-2(1)5 and (9) of the Framework Act on Science and Technology, Article 11-2(1)5 of the former Regulations on Management, etc. of National Research and Development Projects, and Article 1