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(영문) 서울행정법원 2017.01.06 2016구합52620
출연금 환수 및 참여제한 처분 취소
Text

1. Each part regarding the disposition of restrictions on participation among the lawsuits of an industry-academic cooperation foundation for Plaintiff A University and Plaintiff B, respectively.

Reasons

1. Details of the disposition;

A. Pursuant to Article 39 of the Industrial Technology Innovation Promotion Act (hereinafter “Promotion Act”), the Defendant was a corporation established pursuant to Article 44(1) of the Promotion Act, and Article 57(4) of the Enforcement Decree of the Promotion Act, which was entrusted by the Minister of Trade, Industry and Energy with all or part of the project cost related to restrictions on participation in national research and development projects under Article 11-2 of the Promotion Act

B. An industry-academic cooperation foundation for Plaintiff A University (hereinafter “Plaintiff Cooperation Agency”) (hereinafter “Plaintiff Cooperation Agency”) shall appoint Plaintiff B, who is the professor of the Chemical Biological Engineering Department of A University, as a person in charge of research, as a participant institution, and received contributions from the Defendant by participating in the following tasks (hereinafter “each task of this case”) corresponding to the project for innovation of industrial technology as prescribed by Article 11(1) of the Promotion Act.

Of the contributions for the research period of the title of the task, the personnel expenses of KRW 50 million for the second year of the second year from March 1, 2010 to February 29, 2012, KRW 28,000,000 for the second year from February 29, 2012, and KRW 77,00 million for the second year from September 1, 2010 to March 31, 2013 from March 31, 2013; and KRW 31,292,00 for the second year from March 31, 2013.

(c)The Board of Audit and Inspection shall conduct an audit on whether participating researchers, such as A University, who carry out national research and development tasks, are falsified, embezzled, or wrongfully executed research funds through false registration of the participating researchers, improper management of research funds, etc., and around May 2015, KRW 1,960,126,054 out of the total amount of personnel expenses paid for 38 research tasks, including the instant tasks carried out by the Plaintiff as a person in charge of research or joint research, was deposited into a deposit account in the name of the researcher, and KRW 1,037,630,021 out of the total amount of personnel expenses paid for 38 research tasks, including the instant tasks carried out by the Plaintiff as a person in charge of research or joint research.

E, each of the separate accounts of this case, and E, which was in custody, has been transferred to each of the two separate accounts of this case.

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