제품수거등명령처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Based on the facts, the Plaintiff, a corporation established for the purpose of the manufacturing business, etc. of the date of the preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary preliminary marketing (hereinafter “instant product”) was produced and sold.
In accordance with Article 24 of the Framework Act on Product Safety and Article 25 of the Enforcement Decree of the same Act, the Defendant delegated the Minister of Trade, Industry and Energy with the duties of conducting safety inspections and issuing orders to recall products. On July 9, 2013, the Defendant started the safety inspections of the 6th industrial products and requested the Korea Testing and Research Institute (hereinafter referred to as the “Research Institute”), which is a testing and inspection institution, to conduct safety inspections of the instant products, etc. on August 12, 2013.
As a result of the safety examination of the instant product on August 21, 2013, the Institute judged that there was an error because there was an abnormal phenomenon that the end of the shock day after the second shock was found in the shock test to investigate the shockability of the instant product.
(hereinafter “Safety Inspection Results”) Around August 26, 2013, the Defendant was notified by the Institute’s president of the safety inspection results, and held a meeting among inappropriate companies for the safety inspection of the 6th industrial product around August 30, 2013.
The Plaintiff raised an objection to the non-conformity of the phrase “the end of the day (e.g., no longer than the standard)” stated in the liver data, as the basis for the safety investigation, as the date of the first instance and the protective cover (hereinafter the above notice is referred to as “instant public notice”) of Annex 70 on the safety standards of industrial products subject to voluntary safety confirmation under Annex 2013-349, which serve as the basis for the safety investigation, as the basis for the instant public notice, and the Annex is referred to as “the Annex.” The content of the Annex is irrelevant
On September 3, 2013, the Defendant requested the president of the Research Center to re-testing the Plaintiff’s products, and on September 5, 2013, notified the results of the re-examination that there was an error in golding on the cutting day or falling on day off, etc.
The defendant on September 6, 2013, the plaintiff, the defendant, the Korean Product Safety Association, and the Korean Product Safety Association.