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(영문) 서울행정법원 2017.11.17 2016구합65862
국가연구개발사업 참여제한 처분 등 취소
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1. The action shall be dismissed by the industry-academic cooperation foundation of the Plaintiff A University;

2. The Defendant’s three years against Plaintiff B on March 15, 2016.

Reasons

Details of the disposition

On April 1, 2010, the Korea Research Foundation (hereinafter referred to as the “Korea Research Foundation”) which is a specialized institution under the Framework Act on Science and Technology that vicariously executes the Defendant’s business concerning planning, management, evaluation, and utilization of national research and development projects, entered into an agreement on the standards for research and development tasks (hereinafter referred to as “instant agreement”) with C projects (title: D and research period: between April 1, 2010 and February 28, 2019; hereinafter referred to as “the instant research task”) with the Plaintiff A University Industry Cooperation Foundation (hereinafter referred to as “Plaintiff Industry Cooperation Foundation”), and the Korea Research Foundation and the Plaintiff Industry Cooperation Foundation renewed the instant agreement by March 2015.

Plaintiff

An industry-academic cooperation foundation is a managing research institute, A University E and Plaintiff B, a professor of A University, participated in the research project of this case as a managing research institute.

Plaintiff

Pursuant to the instant agreement, an industry-academic cooperation foundation was provided with a total of KRW 390 million from April 1, 2010 to February 2, 2016.

On April 20, 2015, the Korean Research Foundation notified the Defendant Industry-Academic Cooperation Foundation of the "2015 detailed on-site inspection of the execution of research expenses for the year 2015" and accordingly inspected the Plaintiff Industry-Academic Cooperation Foundation from April 22, 2015 to April 24, 2015. As a result of the inspection, the Korea Research Foundation conducted an inspection on the Plaintiff Industry-Academic Cooperation Foundation. On June 9, 2015, in relation to the adequacy of the execution of the research expenses for the instant research project to the A University, “F University pharmacy and G professor, a participating researcher belonging to other agencies, cannot be recognized as the Plaintiff’s spouse, and thus, expert review is necessary (the aggregate of the research expenses and research allowances executed directly by the G, 44,402,807 won), and it is recognized that the Plaintiff’s research institute conducted part of the personnel expenses for the Research Institute in joint management of the Plaintiff’s research institute, the total amount of the research expenses for the year 2011, year 2013, 3014.

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