인증표시정지처분취소
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, a company producing liquefied petroleum gas containers (LPG containers), obtained certification under the Industrial Standardization Act (standard number: KS B 6211, standard name: KS B 6211, and standard name: LP-3, type or name: LP-10, etc.) with respect to the liquefied petroleum gas containers produced by the Plaintiff around 199.
B. On August 15, 2016, the Defendant: (a) purchased used containers; (b) made and sold a new product using a new product by replacing and heating a protex; (c) illegally produced and sold approximately KRW 1,500 products; and (d) received official notices from the head of Jincheon-gun on August 17, 2016 that the Plaintiff manufactured containers with the same container number.
C. On October 27, 2016, the Defendant conducted a field investigation on the Plaintiff’s factory (hereinafter “instant field investigation”).
As a result, the defendant decided that the core quality 2 is inappropriate (i) [the temperature shall be maintained in accordance with the WTA-0501-2], but the temperature shall be 625 ±25 ±25 x 517 x 517 x c), (ii) the chemical analysis equipment shall use an external certified performance report, but there was no result of request for a test (in the process of the chemical analysis test) since September 17, 2015, there was no result of request for a test (in the process of the chemical analysis test)]; and (iii) the general quality is inappropriate.
On February 9, 2017, the Defendant issued a disposition of suspension of certification for one month on the ground that “the core quality of 16 items, including 2 items, among the items to be assessed, is inappropriate as a result of the instant on-site investigation.”
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1, 2, Eul’s evidence 1, 2, and the purport of the whole pleadings
2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;
3. Whether the instant disposition is lawful
A. (1) The summary of the Plaintiff’s assertion is as to the instant field investigation. ① The instant field investigation is a requirement for a field investigation under Article 20(1) of the Industrial Standardization Act (a consumer organization’s request or an authenticated product’s quality decline).