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(영문) 서울행정법원 2017.09.29 2017구합53569
연구참여제한 무효(취소)취소등 청구의 소
Text

1. All of the plaintiff's lawsuits shall be dismissed.

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

Reasons

Details of the disposition

The Minister of Education, Science and Technology had the Korea Research Foundation (hereinafter referred to as the "Korea Research Foundation") which is a foundation which is a specialized institution under the Framework Act on Science and Technology vicariously perform the duties of national research and development projects, and the B University Industry Cooperation Foundation established a standard agreement with each Korean Research Foundation to support national research and development projects as listed in the following table, and

(Ministry of Education, Science and Technology amended the Government Organization Act on March 23, 2013 to the Ministry of Education and the Ministry of Science, ICT, and Future Planning. National research and development tasks related to the instant case were transferred to the Ministry of Education. 【The status of the Plaintiff’s project title-based research tasks (unit: KRW 2,00,000) research tasks, the research project name of the Ministry in charge of the Plaintiff’s project name, and the basic research project of the Ministry of Education (hereinafter “instant 1 tasks”) from April 1 to 30, 11.4. 51,60, 170 (Gu 1.51,170), and 11.4. 51,170 (Gu 2 tasks) research and development projects for the Ministry of Education (hereinafter “the instant 2 tasks”), and the Plaintiff participated in the Plaintiff’s 1.306,630,181-4,6305-14,61,636.”

The audit office of the Korean Research Foundation conducted a specific audit on June 2016, and the result of the audit conducted by the Plaintiff from February 2, 2011 to November 2015, the fact that the Plaintiff was found to have received a report on the details of joint management of the personnel expenses each month by having the head of the research institute jointly manage part of the personnel expenses (157,981,90 won out of the total amount of 435,030,970 won) paid to the graduate students participating in the performance of the task as the manager of the research institute.

On September 29, 2016, the Korean Research Foundation held a meeting of the sanctions evaluation team to deliberate on sanctions against the plaintiff, and the defendant on October 31, 2016.

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