한국산업표준 제품인증 취소처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company that runs the pipe manufacturing business.
The defendant is a corporation established pursuant to Articles 32 and 34 of the Industrial Standardization Act to conduct certification, evaluation, etc. promoting industrial standardization and quality management upon delegation by the Minister of Trade, Industry and Energy.
B. The Plaintiff obtained product certification from the Defendant as to the Korean Industrial Standards (KSM 3404, type class and name: VG2; hereinafter “instant product”).
C. On November 15, 2019, the Defendant issued a disposition to revoke the product certification of the Korean Industrial Standards (hereinafter “instant disposition”) pursuant to Article 22(1)3 of the Industrial Standardization Act, on the ground that according to the result of the quality test (hereinafter “the test of this case”) of the CResearch Institute for the instant product (hereinafter “Research Institute”), it was confirmed that the seal and port strength of the instant product fall short of 45Ma, which is the standard value, and that the quality of the instant product does not substantially meet the Korean Industrial Standards.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the sample used in the test of this case 1 is produced by the plaintiff, and the sample in the research institute of this case is confirmed to be contaminated, such as the number of samples, the date of collection of samples, the marking of the requester and the signature are not indicated, and the letter of the non-mark is not identified. The store that the defendant purchased the product of this case is managing the product of this case in such a condition that it can be easily deteriorated, such as storing the product of this case in the state of being exposed to light, and the sample used in the test of this case could have been deteriorated. The plaintiff's sample used in the test of this case is the product of this case manufactured at a time similar to the sample of this case.