The plaintiff is a company engaged in the manufacture, sale, etc. of ready-mixed, and obtained the Korea Industrial Standards (KS) mark certification from the Association as to the plaintiff's products C.

From August 6, 2015 to August 7, 2015, the Defendant secured the Plaintiff’s automatic measurement record book at the Plaintiff’s ready-mixed manufacturing factory located in Busan Metropolitan Government D (hereinafter “Plaintiff ready-mixed”) and inspected the Plaintiff’s quality test on the basis of the details indicated in the automatic measurement record book.

(hereinafter referred to as the “instant quality test”). As a result of the said quality test and inspection, the Plaintiff was judged to have failed each of 10 products at the same load testing of measuring instruments, and 3 products at the same quality testing of products.

Accordingly, the Defendant: (a) deemed that the instant investigation constituted “investigation into goods in the market” conducted pursuant to Article 20(1) of the Act; (b) Article 27(1) and (3) of the Enforcement Decree of the Industrial Standardization Act (hereinafter “Enforcement Decree”); and (c) Article 17 [Attachment 9] [Attachment 5] and the proviso to subparagraph 2(a) of the Enforcement Rule of the Industrial Standardization Act (hereinafter “Enforcement Rule”); and (c) on December 21, 2015, issued a disposition to suspend the Plaintiff’s certification of the Korean Industrial Standards and suspend the sale thereof for three months pursuant to Article 21(1) of the Industrial Standardization Act (hereinafter “Act”); and (c) [Attachment 1-2] subparagraph 2(c) of the Enforcement Decree.

(2) Article 20(1) of the Act, Article 20(1) of the Enforcement Decree of the Act, Article 27(1) and (3) of the Enforcement Decree of the Act (hereinafter referred to as the “instant disposition”), provides for only the matters concerning the method, procedure, etc. of the investigation of the goods on the market market as a result of the collection of samples, and the overall purport of the instant disposition, as to whether the disposition of the instant case is legitimate or not, and whether the disposition of the instant case is legitimate or not, as a whole, by means of evidence Nos. 1, 2, and 4, and evidence Nos. 1, 2, and 4, and Nos. 1, 2, 4, 5, 7, 8, 10 through 14 (including serial numbers).