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(영문) 대전지방법원 2015.08.19 2015구합100487
건설기술진흥법위반등처리거부처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Details of the response;

A. The Plaintiffs are companies that manufacture and sell high-brust concrete posts (PHC files, prespersed one strings or higher-ranking marks) that are necessary for the reinforcement of basic support power when constructing apartment buildings, such as apartment buildings. The Intervenor joining the Defendant (hereinafter “ Intervenor”) manufactures and sells a line expansion plate of carbon resistant materials attached to the end of the aforementioned PHC file, and the members of the company (hereinafter “GG”) were newly constructing apartment construction works in the A2 housing site development zone located in Daejeon PHdong-dong, Daejeon-dong.

B. On September 2014, the Plaintiffs filed an accusation with the Minister of Land, Infrastructure and Transport to the effect that “the Intervenor, etc., manufactures and sells a line expansion plate which did not obtain the Korean Industrial Standards (KS) certification, and the members, etc., attached the line expansion plate to the PHC file with KS certification and used it in the new site of apartment construction located in Daejeon Seo-gu, Daejeon, to punish the violation of Article 15(3) and (4) of the Industrial Standardization Act and Article 57(2) of the Construction Technology Promotion Act, and thus, the time for filing an accusation against 10 companies, including the Intervenor, its members, etc.

C. On September 30, 2014, the Minister of Land, Infrastructure and Transport transferred the Plaintiffs’ accusation to the Defendant, who is the competent authority. On November 13, 2014, the Defendant sent the Plaintiffs’ accusation following inquiries with the Director General of the National Technical Standards, inquiries with respect to field agents and general supervisors, on-site investigations, and on-site investigations, etc., to the Plaintiffs on November 13, 2014:

(hereinafter referred to as the “instant reply.” The case where KS certification marks are placed on products that do not fall under the subject of certification under the Korean Industrial Standards, such as prone expansion files and prone expansion plates, are in violation of Article 15 of the Industrial Standardization Act, but the prior expansion plates are separately attached to files pursuant to the Korean Industrial Standards at the site, etc.

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