인증신청 반려처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The details and details of the disposition are companies that import and distribute materials for waterworks.
On January 11, 2016, the Plaintiff filed an application with the Defendant for the certification of sanitary and safety standards for “clocks for cumulative repair” (water-related materials in contact with water).
On January 19, 2016, the Defendant sent a reply to the Plaintiff on January 19, 2016 that “In the case of materials and products for water use that come in contact with water, the Defendant shall obtain a certification of sanitary safety standards through factory examination, product testing, and examination procedures in accordance with the Water Supply and Waterworks Installation Act and relevant statutes, so it would be difficult to supplement and submit a specification of manufacturing and inspection facilities under Article 4 subparag. 5 of the Rules on the Certification, etc. of Sanitary and Safety of Materials and Products for Water Use (hereinafter “instant Certification Rules”) and a list of the regulations on factory examination items under subparag. 6.” On February 15, 2016, the Defendant notified the Plaintiff that “the Plaintiff’s application for certification of sanitary safety standards for the “humping for water supply” products was rejected because the documents requesting supplementation were not received.”
(2) Article 5(1)1 and Article 6 of the Certification Rule of this case provides for "factory examination" as the basis for certification examination of materials and products for waterworks use, and Article 5(1)1 and Article 6 of the Water Supply and Waterworks Installation Act provides for "factory examination" as the basis for certification examination of materials and products for waterworks use.
This is in violation of the principle of statutory reservation because of the lack of legal basis.
In addition, it is possible to achieve the legislative purpose of the Water Supply and Waterworks Installation Act, which does not require a factory examination in the Water Supply and Waterworks Installation Act only for product inspection, and Article 5 (1) 1 and 6 of the Certification Rule of this case requires a factory examination and stipulate it as an essential prior procedure for product examination. Thus, this is in violation of the principle of excessive prohibition.
Therefore, Article 5(1)1 and 5(1) of the Certification Rule of this case.