국가연구개발 협약의 체결 및 이행에 관한 법적 고찰

The national R&D agreement is concluded between the central administrative agency, the project entity, and the R&D institution, the performer of R&D, in order to smoothly implement the national R&D project. It has a very important meaning as a kind of bilateral contract that determines basic and important matters related to R&D projects. Because the implementation and management of national R&D projects are basically in accordance with related laws and regulations, but as a general principle of the contract, detailed matters regarding R&D are determined through the R&D agreement, both parties must conduct R&D in accordance with the R&D agreement. The national R&D agreement is different from a general private contract, it is based on the relevant laws and regulations, and certain standard agreements established by the administrative entity that plans and promotes the R&D project. And due to the public nature of the national R&D project, it is concluded and managed under stricter contract terms and contents. Recently, a series of discussions have been made regarding the legal nature of the national R&D agreement and the disposition of sanctions for violation of the agreement, but opinions are still divided. In this paper, we examine the legal issues related to the national R&D agreement, and analyze and evaluate the discussions comprehensively in the academic and practical field surrounding it, and seek a systematic way to establish the legal principles for the correct interpretation and application of the national R&D agreement.