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(영문) 서울행정법원 2018.01.12 2017구합67292
연구비 환수 등 처분 취소
Text

1. On May 19, 2017, the Defendant’s disposition to recover KRW 61,220,000 as research funds to the Plaintiff A University Industry-Academic Cooperation Foundation and the Plaintiff.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff A University Industry-Academic Cooperation Foundation (hereinafter “Plaintiff-Academic Cooperation Foundation”) for the previous disposition and litigation related thereto

(1) Article 25 of the former Promotion of Industrial Education and Industry-Academic Cooperation Act (amended by Act No. 10907, Jul. 25, 2011) is a juristic person established pursuant to Article 25 of the former Promotion of Industrial Education and Industry-Academic Cooperation Act, and Plaintiff B is an electronic and information engineering and professor at Auniversity. The Korea Research Foundation (hereinafter referred to as the “Korea Research Foundation”).

Article 11(4) of the Framework Act on Science and Technology as a corporation established pursuant to the National Research Foundation Act, and the former Regulations on the Handling of Research and Development Projects in Science and Technology under the jurisdiction of the Ministry of Science, ICT and Future Planning (amended by Ministry of Science, ICT and Future Planning No. 3, August 24, 2017; hereinafter

Based on Article 10(1), the Ministry of Science, ICT and Future Planning (the Ministry of Science, ICT and Future Planning was reorganized into the Ministry of Science and ICT on July 26, 2017).

The Minister of Science, ICT and Future Planning and the Defendant (hereinafter referred to as “Defendant”).

(2) The Korea Research Foundation concluded a standard agreement on the research and development task of “C (hereinafter “C”) with respect to the research and development task of the Plaintiff-academic cooperation foundation and the total research period from May 1, 201 to April 30, 2014,” “30 million won” and “Plaintiff B,” respectively.

3) In accordance with the Convention on the Standards for Research and Development tasks, Plaintiff-academic cooperation foundation received KRW 100 million for the first year (from May 1, 201 to April 30, 201), KRW 100 million for the second year (from May 1, 2012 to April 30, 201), KRW 300 million for the third year (from May 1, 2013 to April 30, 201), and KRW 300 million for the third year (from April 1, 2014 to April 30, 201). The Korean Research Foundation notified the president of A University of the final evaluation results of the instant research and development task.

The main contents of the final evaluation results are as follows:

Evaluation score: Grade 59: The characteristics of D comprehensive opinions shall be improved.

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