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(영문) 서울행정법원 2018.10.25 2017구합72003
연구비환수처분취소 청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a professor in biotechnology of a public college of B University.

B. On March 14, 2013, the Ministry of Education, Science and Technology (the Ministry of Science, ICT, and Future Planning on March 23, 2013, and the pertinent affairs are succeeded to by the Ministry of Science and ICT on July 26, 2017) and the National Research Foundation of Korea (hereinafter “Korea Research Foundation”) publicly announced the recruitment of researchers to support the “D subject related to research and development other than C and six fields” (hereinafter “D subject”), and on April 18, 2013, the Plaintiff applied for participation in the instant D subject as the subject “E” as a person in charge of research.

C. On May 9, 2013, the Ministry of Science, ICT and Future Planning and the Korea Research Foundation publicly announced the recruitment of researchers to support the F task (hereinafter “instant F task”). On May 2013, the Plaintiff applied for participation in the instant F task as the subject of “I” in the position of a person in charge of research, along with H professors affiliated with G University, around May 2013.

On July 24, 2013, the Ministry of Science, ICT and Future Planning selected and publicly announced “I” that the Plaintiff applied with H professors as a new task of the instant F, and on August 20, 2013, the Ministry of Science, ICT and Future Planning selected and publicly announced “E” as a new task of the instant D.

Accordingly, the Plaintiff started research and development of the instant F task from August 1, 2013, and started research and development of the instant D task from September 1, 2013.

E. On April 30, 2014, the Korea Research Foundation confirmed that the Plaintiff was a person in charge of national research and development projects, who is a person in charge of national research and development projects and was already a person in charge of the instant task, and was additionally selected as a person in charge of the instant task.

F. Accordingly, the Research Foundation of Korea provides that the Plaintiff may participate in a maximum of five research and development tasks and conduct a research as a responsible researcher with respect to three research and development tasks among them (so-called “three thousand five research and development tasks”; hereinafter “three five research and development tasks”).

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