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(영문) 서울행정법원 2019.06.27 2018구합79971
연구비 환수 등 처분 취소의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant (Korea Research Foundation) is entrusted with the duties of academic support by the Defendant pursuant to the Promotion of Sciences Act.

The Korean Research Foundation and the Defendant collectively referred to as the “Defendant”. The Defendant selected A University as a person eligible for academic support and entered into an agreement with the president of A University on the D Project (hereinafter “instant project”) with the president of A University on the following terms, and paid the project cost (hereinafter “instant project cost”) in accordance with the agreement.

The name of the project team: The period of D University E Project - the total project period: from September 1, 2013 to August 31, 2020: The period of the relevant agreement: The president of A University, the president of A University, the president of the Industry-Academic Cooperation Foundation, and the head of the project team shall faithfully perform the project in accordance with the Directive on the Management and Operation of C Business, the relevant Acts and subordinate statutes, etc. determined by the Minister of Education.

Article 8 (Management of Project Funds) The president of A University, the president of a industry-academic cooperation foundation, and the president of a project team shall faithfully manage project funds in accordance with the Guidelines and Criteria set by the Director of the Research Foundation of this case and the Directive on the Management and Operation of the C Project.

B. The Plaintiff University Business Cooperation Agency (hereinafter “Plaintiff Cooperation Agency”) received project funds from the Defendant and managed them, and the Plaintiff B participated in the instant project as a professor of the Electric Engineering Department of the Plaintiff University.

C. On July 11, 2018, the Defendant issued a redemption disposition of KRW 141,600,000 for the Plaintiff Cooperation Agency (hereinafter “instant restitution disposition”) on the ground that “Plaintiff B acquired research scholarships (hereinafter “instant personnel expenses”) from around July 2012 to around 2016 to managing the research researchers affiliated with one’s own laboratory (hereinafter “instant personnel expenses”) by fraud and jointly, and executed it in an ambiguous manner (total of KRW 141,60,000 for the amount of joint management of the instant personnel expenses), and for five years for Plaintiff B.

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