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(영문) 서울행정법원 2019.07.05 2018구합79964
연구비 환수 등 처분 취소
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. Plaintiff A industry-academic cooperation foundation (hereinafter referred to as “Plaintiff-academic cooperation foundation”) is a corporation established under the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act, and Plaintiff B was a professor of the Electrical Engineering Department of Cuniversity.

Research and development expenses for the research period for the name of the task in this case from May 1, 201 to April 30, 2012, 200 won 6,384,960 won from May 1, 201 to April 30, 2012 to April 30, 2012, 23,649,60 won from April 30, 201 to April 30, 2013 to April 30, 201 to April 45, 200,00 won from 23,627,600 won in total, including KRW 135,00,000,000 from May 1, 201 to April 30, 2014 to April 30, 2014.

B. On April 201, the Plaintiff-academic cooperation foundation concluded an agreement (total research and development period: from May 11, 201 to April 30, 201; hereinafter “the instant personnel expenses”) on the performance of a research and development task (hereinafter “instant task”) under the name of “D” with the Korea Research Foundation, which is an incorporated foundation entrusted by the Defendant with the performance of a research and development project (hereinafter “D”), and received the student personnel expenses (including external personnel expenses; hereinafter “the instant personnel expenses”), and the Plaintiff B participated as a person in charge of the instant task.

C. On July 25, 2018, the Defendant rendered a disposition to recover the instant personnel expenses of KRW 53,662,160 against the Plaintiff Industry-Academic Cooperation Foundation on the ground that Plaintiff B, while carrying out the instant task, managed the student personnel expenses paid to the graduate students participating in the task, and imposed a disposition to restrict Plaintiff B’s participation in research for five years.

(hereinafter referred to as “each of the instant dispositions”) D.

Plaintiff

B In the Seoul Southern District Court on November 8, 2018, “Research Costs cannot be used for any purpose other than the original purpose. Of the research costs, labor costs should be paid to the individual account of the participating researchers. The joint management of labor costs by the participating researchers is prohibited by the execution of research costs. However, while the direct management of the accounts of the participating researchers was prohibited, labor costs, etc. equivalent to KRW 766,377,333, including the instant labor costs, shall be paid to the participating researchers.

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