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(영문) 서울행정법원 2017.08.24 2016구합72471
사업비 환수처분 등 취소
Text

1. The action shall be dismissed by the industry-academic cooperation foundation of the Plaintiff A University;

2. The Defendant’s KRW 362,886,043, supra, against Plaintiff B on July 29, 2016.

Reasons

1. Details of the disposition;

A. The Defendant delegated the Korea Research Foundation to implement academic support projects, etc., and the Plaintiff A University Industry-Academic Cooperation Foundation (hereinafter “Plaintiff A”) selected Plaintiff B, the professor of the Chemical Biological Engineering Department, as a researcher, and entered into an agreement on the following academic support projects (hereinafter “each of the instant projects”) with the content that the Defendant would pay the project cost, and the Defendant paid the project cost in accordance with the agreement.

On September 1, 2013, September 15, 2014, August 115, 2014 to August 28, 2013, E Business was promoted as “E Business” from March 1, 2007 to February 28, 2013, and was promoted as “C Business” from September 1, 2013 to August 31, 2020.

D project team on March - 2009 382,960,480, 480 3 F project G on August 1, 2009 - November 197, 2009 - 452,000 Gohap 695,612,480

B. From September 15, 2014 to October 17, 2014, the Board of Audit and Inspection conducted an audit on the “the actual status of the management of the National R&D participating Research Institute” for 12 national universities, including A, which conduct national research and development tasks (hereinafter “the instant audit”). The Plaintiff B, as a researcher of each of the instant research projects, returned the amount exceeding the amount of salaries determined in the research institute’s research expenses paid to the students affiliated with the research institute, and managed it en bloc. Accordingly, the Plaintiff B deposited the research expenses and research scholarships received to the separate account managed by the administrative institute. Unlike the plan for using each of the instant project expenses, H used part of the said amount for enrollment fees, salaries, meal expenses, etc., and used it as personal credit card payment, etc., and notified the Defendant of appropriate measures, such as withdrawal of the research and development projects and other measures.

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