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(영문) 서울행정법원 2019.10.10 2019구합59363
주방용오물분쇄기 인증취소 처분 취소
Text

1. On March 13, 2019, the Defendant’s groundr for kitchen waste pulverization against the Plaintiff (a model name: B, certification number: C).

Reasons

1. Details of the disposition;

A. 1) The Plaintiff is a company engaged in the development, manufacture, sale, sale, etc. of products related to the kitchen for its business purpose (Evidence 1). 2) The Defendant is a corporation established by a waterworks business operator, etc. in accordance with Article 56 of the Water Supply and Waterworks Installation Act in order to conduct research and development of waterworks, develop technology, and promote the sound development of waterworks.

B. On August 3, 2017, the Defendant issued a certificate to the Plaintiff on the sales and use of a kitchen garbage crushing machine (No. 2017-13 of the Ministry of Environment Notice; hereinafter “instant public notice”) pursuant to Article 9(1) of the Sewerage Act and Article 33 of the Act on the Control of Sale and Use of such a kitchen garbage crushing machine (the model name: B; hereinafter “instant crushing machine”).

(Certification Number: C (No. 7) (hereinafter referred to as the "Certification of this case") . (No. 7) .

On February 12, 2019, the Defendant sent to the Plaintiff a notice to the effect that “The procedures for revoking the instant certification are scheduled to proceed pursuant to Article 11(1)2 of the Notice, and the hearing on the revocation of the said certification pursuant to the Administrative Procedures Act and Article 11(3) of the Notification, and the Plaintiff is likely to submit his/her opinion by the date of the hearing.” The Plaintiff received the said notice around that time (Evidence 2, No. 2, No. 4). The Plaintiff was present at the hearing on March 7, 2019 and stated his/her opinion on the revocation of the certification, and submitted a written opinion to the Defendant, including the following statement, to the Defendant.

(B) No. 5. The plaintiff has no fact of selling a pulverr and a secondary processing machine, other than a single type, different from the certified content.

The plaintiff is not aware of how the agency sold the plaintiff's waste pulververververization machine which was manufactured as it is to be certified to the consumers.

The defendant shall make a modified pulverization machine for kitchen use which has been modified by the agent to consumers.

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