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(영문) 서울행정법원 2018.05.10 2017구합5782
연구비 환수 등 처분 취소
Text

1. On July 3, 2017, the Defendant’s disposition to recover research funds of KRW 606,00,000 to the industry-academic cooperation foundation of the Plaintiff A University and the Plaintiff.

Reasons

1. Details of the disposition;

A. Under Article 25 of the former Promotion of Industrial Education and Industry-Academic Cooperation Act (amended by Act No. 8708 of Dec. 21, 2007), an industry-academic cooperation foundation for the Plaintiff A University (hereinafter referred to as the “Plaintiff-Academic cooperation foundation”) is a corporation incorporated on February 25, 2004 with the aim of promoting, promoting, and developing the education, research, development, and commercialization of outcomes related to industry-academic cooperation of the A University pursuant to Article 25 of the former Promotion of Industrial Education and Industry-Academic Cooperation Act, and the Plaintiff B is a professor of A

The Korean Research Foundation (hereinafter referred to as the "Korea Research Foundation") is a foundation established based on the Korean Research Foundation Act, which is a specialized institution designated by the former Minister of Science, ICT and Future Planning (the Ministry of Science, ICT and Future Planning was amended by Act No. 14839, Jul. 26, 2017; hereinafter the former Minister of Science, ICT and Future Planning and the Defendant (hereinafter referred to as the "Defendant") as an agency for national research and development projects by proxy

B. On January 16, 2013, the National Research Foundation of Korea publicly announced the “The Support Project for Medium-Large 2013” and publicly recruited new tasks, and limited the subject of the Support to “Researcher who can concentrate on research for at least three years thereafter.”

C. On February 19, 2013, the Plaintiff-academic cooperation foundation: (a) subscribed to the instant new task recruitment to the instant research task as “C” (hereinafter “instant research task”); and (b) the Korea Research Foundation selected the instant research task as the subject of support.

Plaintiff

An industry-academic cooperation foundation and the Korea Research Foundation shall be referred to as the "First Convention on the Research and Development Projects concerning the Research Projects in this case" around June 2013.

(i) Convention research and development costs (the first year): Government contributions of KRW 303,00,000 in the first year; KRW 303,000,000 in the second year; KRW 303,000 in the third year; total of KRW 909,000 in the third year; and total of KRW 2 research and development costs of KRW 909,000 in the second year: June 1, 2013;

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