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(영문) 서울행정법원 2018.11.02 2018구합57261 (1)
사업비환수처분 취소의 소
Text

1. On January 29, 2018, the Defendant’s disposition to recover project costs for national research and development projects rendered by the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Seoul Olympic Sports Promotion Foundation (hereinafter “Korea Sports Promotion Foundation”) is a corporation established with the Defendant’s authorization to commemorate the 24th Seoul Olympic Games and to conduct projects for promoting national sports.

B. On July 1, 2012, the Plaintiff entered into a business agreement (hereinafter “instant business agreement”) with respect to sports R&D research and development projects (from July 1, 2012 to June 30, 2015; hereinafter “instant project”) with respect to the Korea Sports Promotion Foundation and “B task,” the Plaintiff as a person in charge of the research (general management) and with the total research and development amount of KRW 4,158,603,000 (government subsidies of KRW 3 billion).

The project task of this case is divided into one specific task (C), two specific tasks (D), and three specific tasks (E). The plaintiff is a person in charge of the entire task (general research institute) and a person in charge of the management of one specific task (general research institute).

C. The Plaintiff received project costs (government subsidies) of KRW 1 billion in the first year (from July 1, 2012 to June 30, 2013) from the Korea Sports Promotion Foundation, KRW 1 billion in project costs (government subsidies) in the second year (from July 1, 2013 to June 30, 2014) and KRW 2.7 billion in the third year (from July 1, 2014 to June 30, 2015).

On October 8, 2015, F of the Plaintiff’s representative director: (a) submitted a research and development plan on behalf of the Plaintiff to the National Sports Promotion Foundation including false details of use on behalf of the Plaintiff; and (b) he/she received a total of KRW 2.7 billion from August 23, 2012 to December 30, 2014 from the National Sports Promotion Foundation to receive a total of KRW 82,472 million from the payment of research and development expenses for the instant project, and used it for personal purposes; and (c) was indicted by Seoul Central District Court 2015Gohap922 on June 23, 2016 and was sentenced to a three-year suspension of execution on behalf of the Plaintiff; and (d) the said decision was withdrawn from the appeal on July 23, 2016.

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