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(영문) 대전지방법원 2016.10.13 2015구합103271
연구비 환수 처분 등 취소
Text

1. The Defendant’s disposition of restitution of KRW 61,220,000 for research expenses to the Plaintiffs on March 13, 2015, and national research and development projects for three years.

Reasons

1. Details of the disposition;

A. Plaintiff A industry-academic cooperation foundation (hereinafter “Plaintiff-academic cooperation foundation”) is a corporation established pursuant to the former Promotion of Industrial Education and Industry-Academic Cooperation Act (amended by Act No. 7869 of March 3, 2006), Plaintiff B is an electronic and information engineering of A science and technology universities and associate professor, and the Defendant is a corporation established pursuant to the Korea Research Foundation Act, which vicariously executes national research and development projects under the jurisdiction of the Minister of Science and Technology pursuant to Article 11 of the Framework Act on Science and Technology.

B. Plaintiff Industry-Academic Group and Defendant entered into an agreement on the standards for research and development tasks (hereinafter “instant agreement”) consisting of “the name of a core individual research and development project: C research and development project (hereinafter “the instant research and development project”) and the total research and development period: from May 1, 2011 to April 30, 2014; and the total research and development expenses of KRW 300 million (hereinafter “the instant agreement”); and Plaintiff B is the person in charge of the instant agreement.

C. Around July 2014, the Defendant made a final evaluation of the instant research and development task, and the result is as follows.

Evaluation score: Class 59 of the D comprehensive opinion: It is judged that the research goal is insufficient to achieve because the research was conducted to obtain one Part (50%) of the relevant paper and the results of the convenience patent (part of the patent, the relation of research) in order to find out and improve the characteristics of semiconductors which have improved their characteristics.

D. On August 11, 2014, the Defendant issued a notice of the final evaluation results as to the research tasks of the instant agreement, submission of a written vindication, and filing of objections, on the following grounds: (a) the first half of the second half of the year (2014), the end of the second half of the year (201 and April), the final evaluation results, and the notification of the objection.

E. On August 12, 2014, the Plaintiffs submitted to the Defendant a vindication that the instant research and development task was faithfully performed.

F. The Defendant, subject to deliberation by the PM Council of the Basic Research Headquarters, shall conduct a sanctions assessment on February 16, 2015.

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