불문경고처분 및 환수처분 취소 청구의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff’s research expenses of KRW 10 million were received. 1) The Plaintiff is the Plaintiff’s University (hereinafter “instant school”).
(2) Around April 2016, the Plaintiff filed an application for research expenses for autonomous creative research (hereinafter “instant research expenses”) with the instant school around April 2016, and received support of KRW 5 million around that time.
3) On April 30, 2016, the Plaintiff’s thesis “D” (hereinafter “instant thesis”) written in C (hereinafter “D”).
(4) On September 22, 2016, the Plaintiff submitted a summary report of the research results with respect to the instant thesis as a research task to the instant school on September 22, 2016, and received support of KRW 5 million for the remainder of the research cost on October 4, 2016.
B. From May 28, 2018, the Ministry of Education as one inspector for the inspection of the school in this case shall conduct inspections in the Ministry of Education.
6. Until August 2, 2018, a comprehensive audit of the instant school (hereinafter “instant audit”) was conducted, and on January 23, 2019, the instant school demanded minor disciplinary action against the Plaintiff and measures for recovery of research funds for the following reasons.
According to Articles 56 and 63 of the State Public Officials Act, every public official shall observe Acts and subordinate statutes, perform his/her duties faithfully, and shall not do any act detrimental to his/her dignity, regardless of inside or outside the scope of his/her duties, and according to Article 4 of the Regulations of the Committee on the Promotion of Research Ethics of the B University, the act of not granting the qualification to author without justifiable grounds to a person who has contributed to or contributed to the content or result of the research shall be included in the scope of research misconduct. According to Article 10 of the Guidelines for the Promotion of Research Ethics of the B University, the researcher shall endeavor to use his/her research outcomes not published prior to the preparation of research papers, etc., and the results of the study shall be limited to research outcomes from the date of the commencement of the research, and shall be the person in charge of the research.