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(영문) 서울고등법원 2018.9.18.선고 2018누48955 판결

국가연구비선정무효확인

Cases

2018Nu48955 Invalidity of the selection of national research funds

Plaintiff and Appellant

A

Attorney Kim Jong-hwan, Counsel for the plaintiff-appellant

Defendant, Appellant

The Minister of Science and ICT

Government Legal Service Corporation (Law Firm LLC)

Attorney Park Jong-si, Lee Tae-tae, Lee Tae-tae, Lee Dong-tae

The first instance judgment

Seoul Administrative Court Decision 2017Guhap74689 decided May 17, 2018

Conclusion of Pleadings

July 24, 2018

Imposition of Judgment

September 18, 2018

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance is revoked. The Defendant’s refusal to select a national research fund against the Plaintiff on October 24, 2016.

The disposition of acceptance shall be revoked.

Reasons

1. Quotation of the first instance judgment

The grounds for the plaintiff's assertion in the trial are not different from the allegations in the first instance court, and even if the submitted evidence is re-examineed with the plaintiff's assertion, it is recognized that the first instance court rejected the plaintiff's claim. The reasons for this case are as follows: "20 on June 23, 2017"; "350,000 won (x 75,000 won per year) for "3.5 billion won (x 5,000 won)" for "1 yearx 75 billion won" (x 5,000 won)" for "the selection method and principle of 20 on the 15th page" for "the selection method and principle of 20 on the 20th page" for each of the reasons for the first instance judgment. Thus, it is identical to the reasons for the first instance court's determination pursuant to Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

Judges

The presiding judge, appointed judge;

Judge Park Jong-soo

Judges Lee Hyun-woo