한국산업표준제품인증 취소처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is as follows: "G in charge of quality control" in Part 13 of the second judgment of the court of first instance shall be used as "Quality ControlH"; and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for addition of the following judgments as to the matters for which the plaintiff additionally claims or particularly emphasizes in the trial, and thus, this shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the
2. Additional determination
A. The plaintiff asserts that an on-site investigation conducted without a prior notice of the investigation plan is unlawful in the course of the process, even though the prior notice does not constitute urgent or where the purpose of the investigation cannot be achieved due to destruction of evidence, etc.
Article 20 (1) of the Industrial Standardization Act provides that "where a consumer organization makes a request, or where the Minister of Trade, Industry and Energy deems that a large number of consumers have suffered damage or are highly likely to suffer irrecoverable damage due to deterioration of the quality of accredited products or accredited services, he/she may conduct a quality test of accredited products sold (hereinafter referred to as "investigation of goods in the market") as prescribed by Presidential Decree, or investigate the relevant products or services at the factory or place of business of a person with accreditation (hereinafter referred to as "field investigation"), and a public official under his/her control may conduct an on-site investigation," and Article 20 (3) of the Industrial Standardization Act provides that "The Minister of Trade, Industry and Energy shall notify a person subject to an investigation of the date and time of investigation, reasons for investigation, details of investigation, etc. by no later than seven days prior to the investigation: Provided, That this shall not apply in cases of urgency or prior notice,
Pleadings shall be made in each entry of evidence Nos. 16 and 18.