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(영문) 서울고등법원 2015.11.20 2015누46323
경고의결의 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

On May 2015, the defendant's purport of the claim is against the plaintiff.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s warning disposition that the Defendant issued against the Plaintiff on the ground that the Plaintiff, a business operator who imports and sells part of the electrical product manufactured by German company, did not obtain certification from the Korea Testing and Research Institute for Electrical and Electronic Products (hereinafter “KTC”) from October 20, 2013 to November 15, 2013, on the ground that the Plaintiff, through the Plaintiff’s website, did not constitute a false or exaggerated advertising act and did not constitute a false or exaggerated advertising act, and that the Plaintiff’s warning disposition that the Defendant issued against the Plaintiff was unlawful, asserting that the Plaintiff’s advertising act does not constitute a false or exaggerated advertising act and the Plaintiff’s act was unlawful.

[Attachment of the relevant Acts and subordinate statutes]

B. The premise fact-finding 【Evidence 【A,7,8, Eul 1, 2, and 11, and the purport of the entire pleadings (i) the Plaintiff is a business operator under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) and a person who imports and sells electrical products manufactured by German company, and the Defendant is an independent administrative committee established under the jurisdiction of the Prime Minister with the duty of independently performing affairs to achieve the purpose of Article 1 of the Fair Trade Act in accordance with Article 35(1) of the Fair Trade Act.

As to the question of “A’s product needs to be certified as an electronic wave” such as a bulletin board, etc. frequently questioned by the Plaintiff’s website (www. White. White.co.C.k) from October 20, 2013 to November 15, 2013, the Plaintiff answer that “A’s electrical summary is the product recognized as safety for harmful electromagnetic waves by the Korea Industrial Technology Laboratory (KTL hereinafter “KL”), as well as the certification of EM and Ems, which constitute electromagnetic wave-related certification.”

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