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(영문) 서울행정법원 2021.01.08 2019구합83625
참여제한처분 등 취소
Text

1. The Defendant’s disposition of restricting participation against the Plaintiff on October 4, 2019 is revoked.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. The Ministry of Health and Welfare, which is a specialized institution under Article 11 of the former Framework Act on Science and Technology (amended by Act No. 17343, Jun. 9, 2020; hereinafter the same), had the Korea Institute for the Public Health Industry Promotion vicariously perform the duties concerning national research and development projects.

On April 18, 2016, the Korea Institute for the Health Industry Promotion concluded an agreement on a research and development task with the F University Industry-Academic Cooperation, which is the main research institute, and the B from April 1, 2016 to March 31, 2017, as the period of the relevant agreement.

B. The C-Academic Industry-Academic Cooperation Team participated in “G” (hereinafter “the instant research task”), which is a detailed task of the instant research and development task, and the Plaintiff participated as a professor affiliated with the graduate School of Medical Sciences, as a professor of B-university.

The research period of the instant research task was from April 1, 2016 to March 31, 2017, and the research cost of the instant research task was KRW 9,550,000 for the relevant year.

(c)

On August 15, 2018, a civil rights committee received a report on the fact that the personnel expenses of participating researchers were used for any purpose other than the research and development expenses of the instant research task, and the said report was transferred to the Korea Institute for Health Industry Promotion through the Ministry of Health and Welfare.

Korean Public Health Industry Promotion Agency conducted on-site investigations to confirm facts from March 2019 to April 2019.

As a result of an on-site investigation, it was confirmed that “the fact that, among five researchers participating in the instant research task, three Korean students collect and manage the labor cost of the research task, some of them are paid as personnel expenses and used as joint laboratory expenses, and the head of the Tong for the labor cost of two foreign students was not integrated management, but the fact that the relevant student was paid in advance with joint laboratory expenses and paid in full, or was used as joint laboratory expenses.”

▣ 용도 외 사용금액: 37,650,000원( 해당 연도 연구 개발비 99,550...

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