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(영문) 서울고등법원 2019.12.06 2019누50382

국가연구개발사업 참여제한 처분 등 취소

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1. On September 20, 2016, upon a claim that was changed in exchange from the trial before remanding, the Defendant limited to the Plaintiff on September 20, 2016.

Reasons

1. The facts under the recognition of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 6 (including each number; hereinafter the same shall apply), Eul evidence No. 2, together with the overall purport of the pleadings.

[1] The National Research Foundation of Korea (hereinafter “Korea Research Foundation”) is a specialized institution under the Framework Act on Science and Technology, and the Ministry of Education, Science and Technology, the Ministry of Education, and the Ministry of Science and Technology amended by Act No. 11690 on March 23, 2013 regarding planning, management, evaluation, utilization, etc. of national research and development projects to the Ministry of Education and the Ministry of Science, ICT and Future Planning, and affairs related to national research and development tasks in this case were transferred to the Ministry of Science, ICT and Future Planning. The Ministry of Science, ICT and the Ministry of Science, ICT and Future Planning enacted the Government Organization Act amended by Act No. 14839 on July 2

agency for the duties of the Commission.

The plaintiff is a corporation established by A University pursuant to the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act.

Around April 1, 2010, the Korean Research Foundation entered into a standard agreement on research and development tasks with the Plaintiff and “C projects” (the title: D, research period: February 28, 2019; hereinafter “instant research tasks”) and renewed the said agreement by March 1, 2015 each year.

The Plaintiff participated in the instant research task as a managing research institute, and the joint Plaintiff B (hereinafter “B”) of the first instance court, a professor of A University E and a university E, participated in the instant research task as a managing research director.

The Plaintiff received a total of KRW 3,390,000,000 from April 1, 2010 to February 2, 2016 pursuant to the above agreement.

[2] On April 20, 2015, the Korean Research Foundation notified the Plaintiff of the detailed on-site inspection of the execution of research expenses in 2015, and accordingly, from April 22, 2015 to the same year.

4. By 24. The inspection of the Plaintiff was conducted.

As a result of the above inspection, the National Research Foundation of Korea on June 9, 2015.