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(영문) 서울행정법원 2020.09.08 2019구합57886
과징금 부과처분 취소청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that carries on the business of importing and selling C brand and D brand cars from the German corporation’s “B” (hereinafter “ Germany headquarters”).

B. On April 25, 2014, the Plaintiff obtained certification under Article 46(1) of the former Clean Air Conservation Act (amended by Act No. 13874, Jan. 27, 2016; hereinafter the same) with respect to the E and F model (hereinafter “instant model”) from the President of the National Institute of Environmental Research.

C. On June 22, 2018, the Plaintiff submitted to the Defendant a correction plan for the following contents on the ground that the same defect was reported in 57 out of 1,256 of the instant model sold in 2015.

There is a problem of pressure formation in Purgelerl Valve in the septic tank which causes defects.

I confirmed the parts applied to some vehicles of the wrong appearance while arbitrarily changing the rubber start from H from the septic tank manufacturing chain to us.

A septic tank valve supplied as a wrong design will cause a long-term phenomenon as part of rubbers are damaged when it is unreasonable to operate the valve.

I exchange the defective improvement plan and the defective improvement plan as parts produced according to the existing design.

The defendant approved the aforementioned correction plan on October 2, 2018, and on the same day, the defendant applied to the plaintiff the purification valve different from the certified contents from December 16, 2013 to June 29, 2015, pursuant to Article 46 (1) of the former Clean Air Conservation Act, the 1,256 motor vehicles of this case are included in the "production" under the former Clean Air Conservation Act.

and sold.

For reasons, Article 56 (1) 2 and (2) of the former Clean Air Conservation Act and Article 52 [Attachment Table 12] of the former Enforcement Decree of the Clean Air Conservation Act (amended by Presidential Decree No. 28500, Dec. 26, 2017), prior notice of imposition of penalty surcharge was given.

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