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(영문) 서울행정법원 2012.11.02 2010구합44306

환경표지인증취소처분취소

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a stock company established for the purpose of the manufacturing business of liquefied products and cosmetics, and from around 2003 to the present date, the Plaintiff manufactured and sold the instant products with the main ingredient “Sloycan” as natural scarin (hereinafter “instant products”).

B. On July 7, 2005, the president of the Korea Environmental Industry and Technology Institute (hereinafter “the president of the Korea Environmental Industry and Technology Institute”) entrusted with the certification of eco-label by the Defendant granted the certification of eco-label under Article 17(3) of the Environmental Technology and Industry Support Act (hereinafter “Act”), Article 23(2) of the Enforcement Decree, and Article 34(2) of the Enforcement Rule.

The plaintiff applied for renewal of certification of the above eco-label on June 22, 2009.

7. 7. Re-issuance of Certificate of Environmental Mark

C. The Defendant: (a) ordered the manufacturers of eco-label-certified products to submit a statement of self-quality control to the Plaintiff; (b) obtained the instant product at the new world Emp Madye store and requested the Korea Testing and Research Institute to conduct an experiment on functional units (g/www) to remove 100gs of contaminated substances by dilution with 100 L; and (c) calculated limited dilution (in addition, assessed and added in quantity of water that can be dilution with toxic properties of each component among the functional units up to the acceptable level (hereinafter “instant review”); and (d) based on the result of the experiment, the product of this case’s “product subject to environment mark and certification standards” (Notice No. 2010-13, Feb. 11, 2010; hereinafter “instant certification standards”) and the product of this case’s dilution quantity exceeds the standards set forth in Article 203 subparag. 25, 201.