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(영문) 서울고등법원 2020.12.04 2020누42110
연구참여제한 처분 취소 청구의 소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance, citing this case, is the same as the reasoning of the judgment of the court of first instance, except for the following cases, and thus, citing this as is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] The part of the judgment of the court of first instance is as follows from the 12th to the 10th 6th .

Article 11-2(1)5 of the former Framework Act on Science and Technology provides that “B, however, the Plaintiff managed part of the personnel expenses paid to the student researchers who participated in each of the instant tasks through the rap and general affairs under his supervision and supervision, and executed them as joint laboratory expenses, etc.” As alleged by the Plaintiff, the Plaintiff paid monthly personnel expenses to the said student researchers with other money before the payment of the personnel expenses for each of the instant tasks, and that the Plaintiff paid the total amount of the personnel expenses paid to the relevant student researchers by either settling accounts or jointly managing the personnel expenses paid for the month during which the research expenses are not paid. However, the execution of the above method of personnel expenses is an act of temporarily re-using research and development expenses for other purposes, and in itself, using them for other purposes.” Furthermore, according to the purport of subparagraphs 5, 1 through 9, 1 through 9, the total amount of personnel expenses, personnel expenses, labor expenses, expenses for joint management, replacement of goods, water purifierss, etc. or joint management expenses for other than the Plaintiff’s 2.

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