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(영문) 대전지방법원 2019.06.13 2016구합103100
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from participation.

Reasons

1. Details of the petition review and decision;

A. C University is a private school established and operated by an intervenor, and the Plaintiff is a full-time lecturer at a college of natural science and technology from March 1, 2006 to D Medical University (the name was changed to the medical college on September 1, 2013) and was dismissed as follows.

B. In 2014, the Plaintiff, as a person in charge of research, carried out the research task of the instant research task, ① “F Research (FJ number: G; hereinafter referred to as “Research Project 1”) ordered by E and ② “I Research (Number: J; hereinafter referred to as “Research 2”) ordered by H institutions,” respectively.

C. Around December 10, 2014, CU received a civil petition from a research assistant participating in the instant research task, and around that time, notified CU and the Plaintiff of the receipt of the civil petition.

C. From February 2015 to June 2015, the C University Teachers Investigation Committee conducted an investigation into the status of the management of research funds related to the instant research task, and on July 24, 2015, decided to propose disciplinary action against the Plaintiff.

On July 30, 2015, the president of Cuniversity requested disciplinary action against the plaintiff to the intervenor on July 30, 2015, and the intervenor requested disciplinary action against the plaintiff on November 26, 2015 to the teachers' disciplinary committee on November 30, 2015.

According to the standards by item of research and development expenses set forth in attached Table 2 of the Regulations on the Management, etc. of National Research and Development Projects, student personnel expenses paid to the student researchers of universities, specific research institutes, and government-funded research institutes operating master and doctoral degree courses shall not be jointly managed by the person in charge of research. However, in violation of such standards, the total personnel expenses of researchers and research assistants who participated in research projects in 2014 through K teachers, other than the responsible research institute, shall not be jointly managed.

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