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(영문) 서울행정법원 2017.12.21 2017구합3373
연구비 환수처분 등 취소
Text

1. The Defendant’s disposition of restricting participation in national research and development projects for the Plaintiff on March 22, 2017 is revoked.

2...

Reasons

A. Pursuant to Article 11-2 of the Framework Act on Science and Technology and Article 45 of the Regulations on the Management of Research and Development Projects in Science and Technology under the jurisdiction of the Ministry of Science, ICT and Future Planning, the Plaintiff’s restriction on participation in national research and development projects for five years, and the Plaintiff’s industry-academic cooperation foundation on the following redemption disposition and the redemption disposition of project costs for KRW 346,18,640 (the amount used for non-purpose 341,454,480, additional monetary sanctions of KRW 43,7

[The participation of the plaintiff and the amount of redemption - 30.41 - (A) additional monetary sanctions (B) - 11.03.01 to 12.29.24, 502 - 24,50- - 280 D 12.05 - 13.04.24, 683, 920- - 24,683, 683, 920- - 24, 7.07. 14.30, 307. 14.1 to 14.307. 7.30, 307, 307, 307, 040, 307, 040, 307, 307, 407, 040-307, 407, 14.05 to 18.26, 2017

C. The Plaintiff filed an objection on the ground that it was inevitable to use most of the amount under joint management for the purpose of research and development, and that it is inappropriate to regard it for the Plaintiff to use it for the purpose of research. However, the Defendant did not jointly manage labor costs of KRW 27,628,400. However, on March 13, 2017, the Defendant’s disposition to recover project costs (hereinafter “the instant recovery disposition”) from the Industry-Academic Cooperation Foundation of the 318,560,240 won (=the amount used for other purpose KRW 313,826,080) (hereinafter “the instant recovery disposition”), and on March 22, 2017, the Plaintiff’s disposition to restrict the participation in national research and development projects for five years (hereinafter “the instant disposition to restrict the participation”).

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