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1. The Defendant’s suspension from office for two months against the Plaintiff on December 19, 2018 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On September 1, 201, the Plaintiff was newly appointed as an assistant professor of B University on September 1, 201, and served as an associate professor on April 1, 2014 in the Information and Communications Technology Department of Electronic Information and Communications Technology.
B. The Ministry of Education, from March 12, 2018 to March 23, 2018, conducted a comprehensive audit on B University, and on August 22, 2018, requested the Defendant to take a heavy disciplinary measure against the Plaintiff on the ground of “the use of research funds for private use and the fabrication of relevant documents.”
(c)
On September 21, 2018, the Defendant requested a heavy disciplinary decision against the Plaintiff on the ground that “the Plaintiff unduly executed KRW 16,843,008 for research expenses, thereby violating the duty of good faith under Article 56 of the State Public Officials Act,” and the Disciplinary Committee decided on December 7, 2018.
According to Article 27 of the Enforcement Decree of the Industrial Education Enhancement and Industry-Academia Cooperation Promotion Act, the accounting of the Industry-Academic Cooperation Group shall be fair in accordance with objective data and evidence so that it can be reliable. According to Article 8 of the Accounting Certification Rule, evidence documents are limited to the original. According to Articles 9, 11 and 43 of the Regulations on Research Expense Management of the B University, and attached Table 1 (Standards for accounting and enforcement by item of research expense) of the Detailed Guidelines for the Implementation of the Research Expense Management of the B University, Articles 33 and 43 and 43 of the Detailed Guidelines for the Research Expense Management of the B University, the research expenses already paid may be recovered in whole or in part, if the research expenses are used or executed for the purpose of research or is paid in a false or unjust manner. When a person in charge of research intends to execute the research expenses, he/she shall submit a written application for the implementation of the research expenses to the head of the Industry-Academic Cooperation, but the meeting non-sembling plan shall be submitted to the head of the Group after the meeting.