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(영문) 서울행정법원 2021.02.05 2019구합87535
국가연구개발사업 참여제한처분 취소청구의 소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On February 13, 2012, the defendant announced the implementation plan for B research and development project free bid.

Based on the Promotion of Science and Technology for Food, Agriculture, and Forestry, the C Director entrusted the above project from the Defendant to the new departments of D University E at D University and the Plaintiff as a person in charge of the cooperative research (hereinafter “each of the instant tasks”), respectively, entered into an agreement on the research and development task (hereinafter “each of the instant tasks”). The details are as follows.

Alongly, Article 18 of the Convention on Research and Development Costs for the Purpose of the Purpose of the Research and Development Project (hereinafter “Research and Development Costs”) of the FF August 10, 2012 from August 10, 2012 to August 9, 2014, 200,000 won for the second task from July 27, 2012 to August 9, 2012, Article 18 of the Framework Convention on Research and Development (hereinafter “Convention”) provides that, in cases falling under the attached Table of the Regulations, the research institute, participating enterprise, or implementing enterprise participating in the research and development project shall be dealt with in accordance with the guidelines for the management of the State research and development project, Article 11-2 of the Framework Act on Science and Technology, Article 27 of the Regulations on the Management, etc. of Research and Development Projects, and the guidelines for the operation of sanctions shall be provided.

The Plaintiff was sentenced to a punishment of one year and six months of imprisonment with labor, and two years of suspended execution with respect to national research and development projects, including each of the instant tasks (Seoul Central District Court Decision 2016 Height 6296 Decided September 27, 2017). Although the Plaintiff appealed, the appellate court recognized that “the Plaintiff acquired non-purchaseable goods using a research expense card provided for a use limited to the implementation of the research task, and acquired research funds by submitting a false statement of transaction as if the Plaintiff traded goods available for purchase with a research expense card,” and sentenced the Plaintiff to a punishment of one year and two years of suspended execution (Seoul Central District Court Decision 2017No3740 Decided January 17, 2019). The Plaintiff appealed to the Supreme Court, but the final appeal was dismissed, and the said judgment became final and conclusive (hereinafter “related criminal judgment”).

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