1. The former Regulations on the Management, etc. of National Research and Development Projects (amended by Presidential Decree No. 25779, Nov. 28, 2014; hereinafter “National Research and Development Project Regulations”) that govern the management, etc. of national research and development projects pursuant to the Framework Act on Science and Technology on the delegation of the Framework Act on Science and Technology, may suspend research and development where the scores of a research and development task performed by a managing research institute participating in a national research and development project fall short of 60% of the full scores (Article 17(1)2); and where such suspension of research and development is taken, the head of a central administrative agency may cancel an agreement as prescribed by the agreement, where the outcomes fall short of 60% of the full scores (Article 11(2) and (1)5).

(Article 11(1)(5) is defined as "Article 11(5)."

In addition, Article 33(1)1, Article 24(2)5, and Article 29(6) of the Regulations on the Management of Environmental Technology Development Projects (hereinafter “Development Project Directive”) (hereinafter “Development Project Directive”) provide that the head of a central administrative agency may take measures to suspend research and development and to suspend the execution of research expenses against the main research institute, etc. who received scores less than 60% of the full scores in the interim evaluation from the Defendant, who is the head of a specialized institution, as stipulated in the Regulations on National Research and Development Projects.

2. The lower court, without delegation of the National Research and Development Project Regulations, ordered the Defendant, other than the head of a central administrative agency, to suspend research and development and suspend the execution of research funds.