2019Nu43988. Restriction on participation in national research and development and revocation of disposition to recover project costs

A Stock Company

Attorney Park Hong-chul, Counsel for the plaintiff-appellant

The Minister of Culture, Sports and Tourism

Government Law Firm Corporation, Attorney Kang Jong-chul, Counsel for defendant-appellant

Seoul Administrative Court Decision 2018Guhap60236 decided May 2, 2019

September 26, 2019:

November 2019, 14

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance is revoked. The Defendant’s disposition of restricting participation in national research and development projects conducted against the Plaintiff on March 23, 2017 and disposition of recovering KRW 935,486,935, and project costs for any use other than the purpose of research and development projects, and disposition of recovering KRW 150,000,000 shall be revoked, respectively.

1. Quotation of judgment of the first instance;

The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, in addition to the use of " May 19, 2018, 201" under the 4th letter of the judgment of the court of first instance as " May 19, 2017," and therefore, it is identical to the statement of the reasoning of the judgment of the court of first instance. As such, each of the grounds for substantive and procedural illegality of the disposition of this case asserted by the court while filing an appeal by the plaintiff is not significantly different from the contents asserted by the plaintiff in the court of first instance, and even if all the evidence submitted by the court of first instance and the materials submitted by this court are examined, the fact finding and judgment of the court of first instance that rejected the plaintiff's assertion

2. Conclusion

Thus, the plaintiff's claim shall be dismissed as it is without merit. In conclusion, the judgment of the first instance is just, and the plaintiff's appeal is dismissed.

The presiding judge, judge, police officer;

Judges Lee Jong-hwan

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