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(영문) 서울행정법원 2015.11.05 2015구합57642
연구참여제한 취소 등 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. In order to support academic and research and development activities, the Defendant is a juristic person established pursuant to the National Research Foundation Act, which is a public institution designated as an entrusted enforcement-type quasi-governmental institution pursuant to Article 5(1) of the Act on the Management of Public Institutions, and the Plaintiff is B and the professor of

B. The Defendant publicly announced the recruitment of researchers to support D tasks related to the research and development related to the three fields, including C drug delivery technology, (hereinafter “instant D tasks”), and publicly announced the recruitment of researchers to support E’new EF tasks (hereinafter “instant F tasks”).

C. On April 18, 2013, the Plaintiff filed an application for participation in the instant task as a person in charge of research as the subject of “development of the gene leaflet system for cancer diagnosis and therapy”. On May 2013, the Plaintiff filed an application for participation in the instant task as a person in charge of research on the instant F task, in which Nonparty G professors affiliated with Korea University, filed an application for participation as a person in charge of research, in the detailed task of the instant F task, which is applied for by Korea University

The Defendant selected and publicly announced the instant F task that the Plaintiff applied for participation as a new research task, and publicly announced the instant task that the Plaintiff applied for participation as a preliminary research task, and publicly announced the results of the J final selection.

E. As from August 1, 2013, the Plaintiff started research and development of the instant F task, and started research and development of the instant D task from September 1, 2013.

F. On April 30, 2014, the Defendant: (a) confirmed that the Plaintiff had filed an application for new research on the instant D task and the instant F task as a person in charge of research, and confirmed that the Plaintiff had filed an application for a research on the instant task and the instant F task as a person in charge of research, and that the Plaintiff is able to participate in a maximum of five research and development tasks, among which three research and development tasks are conducted by the Ministry of Trade, Industry and Energy (the implementation period: from September 1, 2007 to June 30, 2014) and the L Support Project (the implementation period: from September 1, 2010 to August 30, 2015) under the supervision of the Ministry of Science, Industry and Energy.

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