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(영문) 서울고등법원 2020.11.11 2020누37040

국가연구비 탈락처분 취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, such as the acceptance of the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance (including the attached Form), except for the dismissal or addition of some of the grounds of the judgment of the court of first instance as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

Under the 7th letter of the judgment of the court of first instance, "U of a stock company" in the 2nd general subparagraph shall be construed as "U of a stock company" and "U" in the main research institute and joint research institutes with respect to the said research task.

Part VII of the judgment of the court of first instance add "(hereinafter referred to as "the research task in this case") to the right side of "the subject" under Part V.

The following shall be added to the right side of the 8th sentence of the first instance judgment, "illegal......"

In addition, the instant disposition includes the subsidization of research and development expenses to the institutions stipulated in Article 14 of the Basic Research Act. Thus, the instant disposition that selects the instant research task, which is a non-regular teacher, as a person in charge of research, even though only the former faculty member of the S University, who is a managing research institute of the instant research task, may be a person in charge of research.

Even if non-regular teachers may participate as a person in charge of research, the participation of the relevant teachers shall be deemed to be permitted only when the period of appointment guarantee of non-regular teachers is longer than the total research period. The instant disposition is unlawful in that the period of appointment at the time of the instant disposition does not extend to December 31, 202, which is the completion date of the research period under the instant plan, until February 28, 2020.

Meanwhile, the Defendant, as a non-exclusive teacher, paid research and development costs for the instant research task to V who is unable to use research and development costs at the S University, thereby creating a situation in which V would inevitably use research and development costs from AF, a private company.