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(영문) 서울행정법원 2019.06.13 2018구합82410
제재조치처분취소
Text

1. Three years and project costs for the Defendant’s restriction on participation in final disposition of sanctions against the Plaintiff on September 6, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company with the purpose of developing and supplying system software.

B. The Defendant succeeded to fire-fighting affairs among the duties of the Minister of Public Safety and Security as the Government Organization Act was amended and implemented on July 26, 2017, which participated in the Plaintiff’s national research and development projects.

[Article 2 of the Addenda of the Government Organization Act (Law No. 14839)]. The amendment of the Government Organization Act is "Defendant" regardless of whether it was before or after the amendment.

Around May 2016, the Plaintiff entered into an agreement on the development of technology (hereinafter referred to as “instant agreement”) with respect to the D Project, the main research institute of which is B University Industry-Academic Cooperation Foundation (the main research institute) and C (hereinafter referred to as “instant Project”) on the development of technology (the research period: from May 2, 2016 to December 31, 2018; hereinafter referred to as “instant agreement”). From January 2, 2017, the Plaintiff participated in the instant project as a cooperative research institution as of the second (2017).

C. A research task that the Plaintiff takes charge of, among research and development expenses, allocation and spending of personnel expenses (1) is called “E” (hereinafter “the instant research task”).

(D) Of the research and development expenses allocated to it in 2017, the portion of the personnel expenses for researchers is 59,796,380. The Defendant’s final approval with respect to the appropriation of the personnel expenses is as follows: [The “participating ratio” in the table below was calculated as the “ratio of the personnel expenses to be paid to the researcher” (hereinafter “ratio of the personnel expenses to be paid to the researcher when the total amount of the salaries of the relevant researcher is 100” (hereinafter “the “the personnel expenses ratio”) out of the salaries.

[2] (No. 5-2) The Plaintiff returned the remainder of KRW 1,001,150 as the Plaintiff confirmed that only KRW 58,795,230 out of the initially approved research and development costs was spent, as stated below, while the Plaintiff paid all the amounts appropriated as personnel expenses as stated in the following table to the pertinent researchers as approved (However, as the Plaintiff confirmed that only KRW 59,796,380 out of the initially approved research and development costs was spent.

In order to prevent frequent severance from employment, the monthly salary paid to the researcher is increased.

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