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(영문) 대법원 2019.04.11 2018두52730
연구비 환수 등 처분 취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. The former Framework Act on Science and Technology (amended by Act No. 12673, May 28, 2014; hereinafter “former Framework Act on Science and Technology”) imposes on the Government an obligation to actively support creative research and development and open-end scientific and technological innovation activities by mobilization of necessary resources to the maximum extent so that science and technology can play a pivotal role in achieving the future strategy of the State through the formulation and implementation of science and technology policies, and at the same time imposes an obligation on the scientists and engineers to realize the basic ideology prescribed in Article 2 of the former Framework Act on Science and Technology and contribute to the development of science and technology by demonstrating their own ability and creativity

(Article 4(3) and Article 5(1) of the former Framework Act on Science and Technology. Accordingly, the head of the relevant central administrative agency shall promote the national research and development projects and the support policies therefor in the fields of science and technology in accordance with the mid- to long-term policy goals and direction established for the development of science and technology (Article 11(1) of the former Framework Act on Science and Technology). If the results of research and development are determined as a suspended or failed research and development project conducted by a central administrative agency due to extremely poor outcomes of research and development, the participation in the relevant national research and development project may be restricted by up to five years for the institutions participating in the relevant

(Article 11-2(1)1 of the former Framework Act on Science and Technology (amended by Presidential Decree No. 25779, Nov. 28, 2014; hereinafter “former Management Regulations”) provides for specific standards for restrictions on participation and recovery of project costs pursuant to delegation of Article 11-2(5) of the former Framework Act on Science and Technology, Article 27(1)1 and 27(10) [Attachment 5] of the former Regulations on the Management, etc. of Research and Development Projects (amended by Presidential Decree No. 25779, Nov. 28, 2014), the above period

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