(영문) 서울행정법원 2017.2.9.선고 2016구합67189 판결

On June 7, 2016, the Minister of Environment revokes the order of the suspension of sale and correction of defects, the disposition of imposition of penalty surcharges, and the disposition of cancellation of the certification of exhaust gas granted to the vehicle on the same day by the President of the National Institute of Environmental Research on the same day.

Reasons

1. Circumstances of each disposition of this case;

A. On October 29, 2015, the Plaintiff filed an application with the President of the National Institute of Environmental Research for the certification of exhaust gas (certification number: FY-NK-14-3) under Article 48(1) of the Clean Air Conservation Act on November 24, 2015. (B) The Plaintiff manufactured the instant vehicle and imported and sold it in the Republic of Korea. Since then, EGR (Exhaus Girul, part of exhaust gas emitted from an engine, which is one of the exhaust gas reduction devices installed on the instant vehicle, re-infects the combustion temperature to reduce the emission of nitrogen oxides, hereinafter referred to as “EGR”) has been set to stop when the engine’s smoking temperature is at least 35 degrees of image (hereinafter referred to as “instant temperature”).

C. On September 2015, around September 2015, 2015, the head of the National Institute of Environmental Research and the head of the National Institute of Environmental Research conducted an occasional inspection to verify whether the “establishment of rent” for the 20 type of diesel vehicles, including the instant vehicle from December 1, 2015 to April 29, 2016 (hereinafter “instant occasional inspection”).

Article 2 subparagraph 19 of the "Rules on the Certification and Inspection Methods of Manufacturing Motor Vehicles, etc. (Ministry of Environment Notice No. 2016-82, hereinafter referred to as the "Certification Notice of this case") established by delegation of the Clean Air Conservation Act (hereinafter referred to as the "Rules on the Establishment of Voluntary Establishment of this case") defines the "Establishment of Motor Vehicles" as follows:

The definitions of terms used in the provisions of Article 2(Definitions) are as follows: 19. The term "establishment of a vehicle" means a component part (establishment of a function that leads to the reduction of variables, such as temperature, vehicle speed, engine transmission, transmission, speed change, and sporade, etc.) of which the function of a part relating to exhaust gas is suspended, delayed, or altered in order to reduce the function of a part related to exhaust gas differently from the test cycle of exhaust gas under the terms and conditions of general driving and use: Provided, That if the objective of the device is used for the purpose of safe operation of automobiles, prevention of engine accidents or damage, if the device is used under the conditions of engine operation, it shall not be deemed voluntary establishment if it is substantially included in the exhaust gas test chain

D. On May 16, 2016, the Ministry of Environment announced the result of the instant occasional inspection to the effect that, even though the absorption temperature of the instant vehicle can easily reach at least 35 degrees under the general driving conditions, the Plaintiff’s instant temperature was set up to suspend the operation of EGR in such a case, thereby emitting nitrogen oxides a monthly amount compared to that of other vehicles, which is deemed to have been set at discretion to illegally manipulate exhaust gas.

E. Based on the result of the instant occasional inspection, the Plaintiff

1) The President of the National Institute of Environmental Research of the Republic of Korea, on June 7, 2016, applies voluntary establishment to the instant vehicle, but on the road driving, submitted test data, etc. which does not have the function of exhaust gas-related parts, and obtained the certification of exhaust gas by fraud or other improper means, pursuant to Article 5 subparagraph 1 of the Clean Air Conservation Act, on the ground that the Defendant obtained the certification of exhaust gas by fraud or other improper means (hereinafter referred to as “disposition for cancellation of the certification of

2) The Defendant Minister of Environment issued an order to correct the defects after submitting a correction plan for 814 vehicles already sold in accordance with Article 50(7) of the Clean Air Conservation Act on the grounds that “the same day was the same as the instant vehicle failed to pass the instant occasional inspection in violation of the provisions related to voluntary establishment” (hereinafter “order to suspend the sale of the instant vehicle” and “the order to suspend the sale of the instant vehicle” and “the order to order the correction of the defects”, respectively.

3) Under Article 56(1)2 of the Clean Air Conservation Act, the Defendant Minister of Environment manufactured and sold the same day differently from the details of the certification of exhaust gas by applying voluntary setting to the instant vehicle.

336,960,730 won (hereinafter referred to as "the penalty surcharge of this case") was imposed, and "the disposition of cancellation of the certification of this case, suspension of sale and correction of defects, and the disposition of imposition of penalty surcharge of this case," each of the dispositions of this case;

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion

For the following reasons, the Plaintiff asserts that each of the dispositions of this case should be revoked as it is unlawful.

1) Regarding the cancellation of the instant disposition

A) According to the creation clause of this case’s voluntary establishment clause, in order to constitute a voluntary establishment, there must be a decrease in the function of exhaust gas-related parts differently from the exhaust gas test cap under “general conditions of driving and use,” and ② The purpose of such decrease is irrelevant to safe operation or prevention of engine accidents.

However, the Clean Air Conservation Act does not provide the definition and criteria of ‘general driving and use conditions', and it cannot be said that the test conducted in the instant occasional inspection has different conditions from those of the NEC Mod 4 times, the outdoor on-road driving test, and the NEC Modr, and the test conducted in the NEC Modr, which reflects the conditions of general driving and use. Therefore, it cannot be determined as to whether the function of the exhaust gas-related components has deteriorated or not. Rather, according to the test data submitted by the Plaintiff, it is confirmed that the EGR of the instant vehicle works normally in the outdoor road driving.

In addition, when the Plaintiff does not suspend the operation of the EGR in a situation where the absorption temperature is at least 35 degrees, it is likely that the EGR Pibe, the main components of the EGR, might be damaged by the heat, and as a result, it would lead to the vehicle fire, and therefore, the Plaintiff set the temperature in this case for the purpose of protecting the engine and operating the vehicle.

Therefore, the establishment of the temperature of this case constitutes voluntary establishment solely on the ground that nitrogen oxides was emitted more than the test cap of exhaust gas in the instant vehicle as a result of the instant occasional inspection.

B) In a case where the Plaintiff obtained the certification of exhaust gas by fraud or other improper means, the Plaintiff submitted all data on the establishment of the instant temperature in the process of certification of exhaust gas with respect to the instant vehicle. Accordingly, the Defendant President of the National Institute of Environmental Research, although he was well aware that the instant vehicle’s absorption temperature exceeds 35 degrees, he/she did not obtain the certification of exhaust gas with respect to the instant vehicle, as such, the Plaintiff cannot be deemed to have obtained the certification of exhaust gas by fraud or other improper means.

2) As to the order to suspend the sale of the instant case and correct defects

A) It is unclear whether the legal basis of the corrective order is either Article 50(7) of the Clean Air Conservation Act or Article 51(4) of the same Act.

B) Absence of disposition grounds

Since the instant occasional inspection is a procedure to verify whether the exhaust gas of the instant vehicle conforms to permissible emission levels for manufactured automobiles, it cannot be deemed a ground for disposition of the instant order to suspend the sale of the instant vehicle and to order the correction of defects, even if the voluntary establishment is applied to the instant vehicle. Furthermore, whether the permissible emission levels for manufactured automobiles are satisfied should be determined by the method of conducting the NEC Modrid once. Furthermore, given that the nitrogen oxides of the instant vehicle was within the permissible level when measured by the same method in the instant occasional inspection, it cannot be deemed that the instant vehicle failed to pass the instant occasional

3) As to the disposition of imposition of the instant penalty surcharge

Although the Plaintiff manufactured and sold the instant vehicle identical to the details certified as exhaust gas, the Defendant Minister of Environment determined that the Plaintiff manufactured and sold the instant vehicle differently from the details certified, and imposed the penalty surcharge on the Plaintiff.

B. Relevant statutes and regulations

It is as shown in the attached Form.

1) Circumstances leading to the certification of exhaust gases on the instant vehicle

A) On October 29, 2015, the Plaintiff filed an application for certification of exhaust gas from the instant vehicle with the authority delegated by the Minister of Environment to the President of the National Institute of Environmental Research. At the time, the Plaintiff submitted an application for certification of exhaust gas from the instant vehicle to the President of the National Institute of Environmental Research, along with a report meeting the permissible emission levels of manufactured automobiles under Article 62 [Attachment Table

B) On September 18, 2015, when the president of the National Institute of Environmental Research conducted the certification procedure of exhaust gas on the instant vehicle, the U.S. Environmental Office published the results of the investigation that the Defendant’s president of the National Institute of Environmental Research set up a separate software on a vehicle via heavy halog, and voluntarily set the exhaust gas reduction device only in the situation of the main test for certification, by classifying the speed pattern of the main test for certification and the speed pattern of the main driving on the road.

On October 1, 2015, the Ministry of Environment published a plan to investigate whether the aforementioned software is installed with respect to seven kinds of vehicles via halogen vehicles sold in Korea on the basis of the results of such survey.

C) The Plaintiff strengthened its exhaust gas certification process due to a halogen emission incident.

On November 11, 2015, Defendant President of the National Institute of Environmental Research submitted the test results of the self-driving test to the effect that the EGR works normally after the lapse of one hour at the beginning of the driving in the public road.

The Plaintiff also submitted data on the establishment of the instant temperature on the same day, and the data is described to the effect that the Plaintiff is designed to stop the operation of the eGR installed on the instant vehicle in cases where the smoking temperature is above 35 degrees on the grounds of concerns over the damage of the parts for smoking caused by heat.

D) The instant vehicle is accompanied by a re-circulating cycle (LP-EGR; hereinafter referred to as “LP-EGR”) of low-tension exhaust gas (LP-EGR), and a high-tension exhaust gas re-circulating (HP-EGR; hereinafter referred to as “HP-EGR”), and LP-EGR and HP-EGR are operated selectively in accordance with their operating terms and conditions, and the overall ambiguity of the EGR installed on the instant vehicle is as follows.

A person shall be appointed.

E) On November 24, 2015, the President of the National Institute of Environmental Research certified the Plaintiff with regard to the instant vehicle.

2) Execution of the instant occasional inspection and the result thereof

A) On November 26, 2015, the Ministry of Environment issued a notice that it would start December 12, 2015, along with the result of the investigation that confirmed the voluntary establishment of the re-convening device of exhaust gas in the e-5 vehicle in the E-Gu E-EU-5 vehicle, which was sold in Korea, for the 16 manufacturing companies selling the transit vehicle.

B) Accordingly, the Defendant President of the National Institute of Environmental Research conducted the instant occasional inspection to verify whether the instant 20 types, including the instant vehicles, have been voluntarily established from January 2, 2015, to April 29, 2016.

C) In the instant occasional inspection, the president of the National Institute of Environmental Research of the Defendant conducted a test (hereinafter “NEC modified test”) which conducted a different test (hereinafter “NEC test”) from the NEC Madrid’s 4 times repeatedly, ② the external on-road driving test, ③ some of the test conditions (e.g., air condition condition, gasoline driver, expressway driver, expressway driver, and heat driver’s license). The detailed method and result of these tests are as follows (i) to introduce only ① or ③ to introduce only the issue in this case, and hereinafter “the method of the instant occasional inspection”).

(1) Article 62 [Attachment 17] Paragraph (2) (g) of the Enforcement Rule of the Clean Air Conservation Act provides that exhaust gas shall be measured by EC-15 and EUDC Modity with respect to vehicles below the permissible emission levels of manufactured automobiles which are certified after January 1, 2014. Article 3 subparagraph 4-2 of the Regulations on Testing and Inspection of Motor Vehicles (Ministry of Environment Notice No. 2014-225) provides that the NAC Modity shall be 'NEC Modity' and the detailed method of testing shall be prescribed in [Attachment 4-2]. NCEC Modity is basically conducted by using a large-powered motor vehicle system in indoors, so that the NAC Mod's Mod's Mod's Mod's Mod's Mod's Mod' 195 seconds' Mod' Mod' 160 Mod' Mod' 160 Mod'Mod' 160 Mod'60 Mod'16 Mod'160 Mo.

In the NAC Maddrid four repeated tests, the instant vehicle’s emission quantity of nitrogen oxides was 0.015g/km not exceeding the indoor certification standard (0.08g/km), but the twice was 0.143g/km, the third time was 0.407g/km, the fourth time was measured with 0.540g/km, and the indoor verification standard was surveyed as follows.

Standards for actual conditions certification

A person shall be appointed.

1 NEDC repeated recovery

In addition, as seen below, the average value of the 20 kinds of nitrogen oxides emission in the transit 20 vehicles was limited to 0.094g/km, and the vehicles with the rapid increase in nitrogen oxides emission due to repeated driving four times were the vehicles in this case.

A person shall be appointed.

(2) On-road driving tests are conducted in a way that satisfies the provisions of the exhaust gas test method (RE-LDV: Red Dozy V Doles) by selecting two routes in Seoul and Incheon, including 1/3 of the city center, extracurricular, and highway section. This is the same as the method used to investigate whether or not halog is voluntarily established against halog. The method of testing on-road driving tests is expected to be introduced from September 2017 to the domestic test procedure for exhaust gas certification.

In the outdoor on-road driving test, the amount of nitrogen oxides emissions of vehicles subject to the survey on-road driving exceeded most of the indoor certification standards as seen below, but among them, the instant vehicle measured approximately 1.67g/km of the indoor certification standards and recorded the highest values.

A person shall be appointed.

(3) The NEDC transformation test is a method of applying the NEC transformation test to the case where the air conditioner is operated and driven along the oil (term of air condition), speed change is close to the actual driving of the road, the case where the vehicle drives on an expressway (in the case of the vehicle driving on an expressway), the case where the vehicle drives on an expressway (in the case of the vehicle driving on an expressway), the case where the vehicle drives on an expressway (in the case of the vehicle driving on an expressway), or the case where the vehicle stops again after the stop or stopping (highly starting condition).

In the NEC Change Test, the instant vehicle had been found to have exceeded the indoor certification standard compared to other types of vehicles except for the Highway as seen below. This is a level similar to the halogian design determined to have been voluntarily established.

A person shall be appointed.

D) During the instant occasional inspection, the president of the National Institute of Environmental Research measured the rate of operation of the EGR installed on the instant vehicle in addition to the nitrogen oxides emission quantity. As a result, as seen below, the EGR failed to operate the EGR in a considerable range of sections repeatedly conducted and on-road driving tests conducted on the off-site and off-site driving tests, and the engine’s cooling temperature reaches the level of 80 degrees, it was found that the operation of EGR is mainly suspended under the ordinary driving conditions in which the engine’s cooling temperature reaches the level of 80 degrees.

Indoor Certification Modity Tests four times)

A person shall be appointed.

An outdoor road driving test

A person shall be appointed.

E) On May 16, 2016, the Ministry of Environment, after comprehensively examining the instant vehicle’s emission of nitrogen oxides and operation of exhaust gas reduction devices, etc. as identified in the instant occasional inspection, issued the results of the survey to the effect that, although the absorption temperature of the instant vehicle could easily reach at least 35 degrees under the general driving conditions, the Plaintiff’s establishment of the instant temperature was considerably higher than that of other vehicles by making it possible for the Plaintiff to suspend the operation of the EGR in such a case. This is determined to have been voluntarily set for illegal manipulation of exhaust gas, and that the remaining 19 types of vehicles did not have been established voluntarily.

3) Based on the results of the instant occasional inspection, the Defendants revoked the Plaintiff’s certification of exhaust gas on the instant vehicle, ordered the Plaintiff to suspend sales and correct defects, and issued each of the instant dispositions imposing penalty surcharges.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 6, 10, 13, 14, Eul evidence Nos. 1 through 4, 7, and 8, and the purport of the whole pleadings

D. Determination

1) Whether the cancellation disposition of this case is legitimate

A) The meaning of certification of automobile exhaust gas under Article 48(1) of the Clean Air Conservation Act

The Clean Air Conservation Act (hereinafter referred to as the "motor vehicle manufacturer") allows the manufacturer of motor vehicles (including importation; hereinafter the same shall apply) to manufacture motor vehicles in compliance with the permissible emission levels for manufactured motor vehicles set by the Ordinance of the Ministry of Environment (hereinafter referred to as "permissible emission levels for manufactured motor vehicles"), and accordingly, the motor vehicle manufacturer may manufacture motor vehicles only if he/she is certified in advance by the Minister of Environment that the emission of motor vehicles can be maintained in compliance with the permissible emission levels for manufactured motor vehicles for each type of exhaust gas (the main sentence of Article 48(1)), and Article 62 [Attachment 17] of the Enforcement Rule of the same Act provides for the permissible emission levels for manufactured motor vehicles in detail.

The Minister of Environment or the President of the National Institute of Environmental Research shall finally determine whether to grant exhaust gas certification by reviewing the technical feasibility, etc. of the structure, performance, durability, etc. of exhaust gas-related parts in addition to the result of the certification test as to whether the exhaust gas conforms to the permissible emission levels for manufactured automobiles (Article 65(1) of the Enforcement Rule of the Clean Air Conservation Act and Article 29(1) of the same Act). In particular, in relation to the technical feasibility, etc. of the structure, performance, durability, etc. of exhaust gas-related parts, he/she should examine whether the “voluntary establishment” is applicable (Article 7(6) attached Table 10 of the same Act). In addition, in addition to the above provisions and the intent of voluntary establishment is a serious misconduct that causes damage to the foundation of the exhaust gas certification system by manipulating the relevant parts and avoiding the certification test, it is reasonable to deem that the exhaust gas certification of exhaust gas under Article 48(1) of the Clean Air Conservation Act can be maintained in compliance with the permissible emission levels for manufactured automobiles from a motor vehicle.

B) Whether voluntary establishment is applied

(1) In full view of the facts acknowledged prior to whether the method of the instant occasional inspection falls under the “general conditions of operation and use” and the following circumstances revealed by the entries in the evidence Nos. 5 and 6 and the purport of the entire pleadings, it is reasonable to deem that the test methods used in the instant occasional inspection are the method of measuring exhaust gas reflecting the “general conditions of operation and use”. It is not the method of testing voluntarily designed by the Defendants or specifically harsh conditions.

① If a motor vehicle manufacturer is a motor vehicle manufacturer, it appears that it is sufficiently possible to predict what is the general conditions of driving and use, and in light of the diversity, complexity, etc. of driving conditions and environment which the driver can contact, it seems that it is not easy to clearly and clearly define the general conditions of driving and use in the law and regulations.

Rather, the Clean Air Conservation Act is amended by discretionary creation through software operation.

As can be known in the halogen operational situation of halogen, it is reasonable for the vehicle manufacturer to not specify detailed and detailed standards for ‘general conditions of driving and use' in the Clean Air Conservation Act, since it is likely for the vehicle manufacturer to make it easy for the vehicle manufacturer to voluntarily set up the standards for ‘general conditions of driving and use' in the manner of avoiding them.

The United States and Europe have only a provision that is similar to the domestic ‘general conditions of driving and use' with respect to driving conditions that are subject to comparison with exhaust gas test chain in determining whether or not voluntary establishment is established.

In addition, it is difficult to view that it is unreasonable or unreasonable to regard the NEC Modrid 4 times repeated tests, outdoor road driving tests, and NEC transformation tests conducted in the instant occasional inspection as the basis of ‘general conditions of driving and use' in that anyone can easily access if the driver is to reflect the most practically the general conditions of driving as follows. Furthermore, it is difficult to see that it is unreasonable or unreasonable to consider them as the basis of ‘general conditions of driving and use' in that it determined whether the instant vehicle was voluntarily set.

First of all, the NEC Modrid 4 repeated tests are merely conducted four consecutive times by reflecting the general driving conditions, and considering the average mileage, driving time, etc. of the downtown drivers, it seems that repeated implementation of the NEC Mod Mod Mod Mod Mod od od od od od od od od od od od od od.

Next, on-road driving tests are designed to supplement the limit of the NEC Mod in the indoor area to verify whether gas emissions are excessively emitted from the road driving. Since it is expected to be introduced as one of the domestic gas certification methods from September 2017, it can be seen that the method of testing reflecting general driving conditions has been objectively verified.

Finally, the NEDC transformation test is subject to the NEDC transformation test to the NEC Mod, a speed change close to the actual driving of the vehicle, an expressway driving, and the conditions of the re-stopping after stopping. Since such conditions of driving are often accessible to the driver of the vehicle, it cannot be said that the NEDC transformation test is an independent test method made by the Defendants voluntarily designed.

(2) Whether a decline in the function of exhaust gas-related parts has occurred in "general conditions of driving and use"

Comprehensively taking account of the following circumstances revealed by the facts acknowledged earlier and the purport of the entire pleadings, it is reasonable to view that the instant vehicle is designed to stop more easily in the general driving and use conditions compared to the exhaust gas test cycle, which is an exhaust gas reduction device.

① At the time of filing an application for certification of exhaust gas, the Plaintiff submitted a report on the results of the exhaust gas test to the effect that the exhaust gas emitted from the instant vehicle meets the permissible emission levels for manufactured automobiles, and even in the instant occasional inspection, the NAC Mod did not exceed the indoor certification standards.

However, in the method of the instant occasional inspection that reflects the "general conditions of driving and use", it was investigated that nitrogen oxides emission quantity was emitted monthly compared to other types of vehicles. In other words, in the four repeated tests once again conducted in the NEDC, unlike other types of vehicles, when nitrogen oxides emission has increased rapidly, approximately 0.540g/km equivalent to approximately 6.8 times the indoor certification standard was emitted, and in the outdoor on-road driving test, the maximum value was recorded among the vehicles being investigated by discharging approximately 1.67g/km, which is approximately 20.8 times the indoor certification standard, and in the outdoor on-road driving test, the NEC modified test recorded a level of emission similar to that of the main body of halog, which is applied voluntarily in the main body of halog other than the Mod, and pressures the other vehicles.

③ As can be seen, the instant vehicle’s discharging of nitrogen oxides over other types of vehicles in the method of the instant occasional inspection would have set the instant temperature so that the operation of EGR, which is an exhaust gas reduction device, can stop at at least 35 degrees of the smoking temperature that can easily reach under the general driving conditions.

The plaintiff asserts that EGR of this case also works normally in the areas of road driving and the low speed (less than 50km per hour) of the vehicle in question, while presenting the data of the test for the outdoor driving. However, the data of the test for the outdoor driving is not a reliable testing institution, but a reliable testing institution, and cannot guarantee the fairness and objectivity of its contents (it cannot be ruled out that some of the various main driving conditions can be arbitrarily controlled so that the results of the test favorable to the plaintiff). Thus, even if the contents can be believed, it is difficult to view that the outdoor driving test is more well reflected in the 'general driving and use conditions' than the method of the occasional driving test of this case, so the data of the aforementioned outdoor driving test alone is insufficient to reverse the result of the occasional inspection of this case.

(3) Whether the instant temperature set for the purpose of protecting engines

Comprehensively taking account of the following circumstances revealed by the aforementioned facts and the purport of the entire pleadings, it is difficult to deem that the instant temperature was made for the purpose of protecting the engine of the instant vehicle and securing safety operation by preventing damage to the LP-EGR Pibe from exceeding the heat limit of LP-EGRbe.

① The Plaintiff asserts that it is reasonable to control the operation of the EGR under the smoking temperature in order to prevent damage to the LP-EGRbe, since there is a clear correlation between the temperature and the absorption temperature installed in the LP-EGR exit as follows:

A person shall be appointed.

However, according to the recent study in the reference document of July 4, 2016, submitted by the Plaintiff in the case of applying for suspending the execution of each of the dispositions of this case, the Plaintiff stated that “In order to operate the EGR at least 35 degrees, while protecting the engine, it is confirmed that the EGR temperature should be considered together with other factors in addition to the absorption temperature in order to protect the engine not to exceed 170 degrees.” This appears to have been a certain part of the judgment of the Plaintiff, which considered as the only factor to control the operation of the EGR. Accordingly, even though there was a big change in the absorption temperature (35~45 degrees), it is doubtful that the rate of the vehicle of this case 150 seconds to 50km/h to 120km/h to 120 kilometers, and that the vehicle of this case stopped at a certain level more than 80G temperature than that of the eG temperature, it can be said that the vehicle of this case has a more rapid correlation between the eG temperature and its actual operation temperature.

② Furthermore, according to the TPP-EGR’s temperature measured below the TPP-EGR’s air condition (this refers to the Plaintiff’s presentation) when the absorption temperature was forced under the conditions of 35 degrees to 45 degrees, the Defendants are placed at 170 degrees, the heat limit of the LP-EGRbe at a point exceeding 300 seconds. However, the Defendants’ most problematic for the instant vehicle is also suspended from the operation of EGR in general main condition of less than 50 km/h (80 degrees of cooling water temperature), in light of the Plaintiff’s assertion that the instant vehicle was driven at a point below 50 km/h of less than 50 km in order to prevent damage to the eG temperature, even if the eG temperature was installed at a point below 300 km from the 150 seconds to the eG temperature, the Plaintiff’s assertion that the eG temperature was below 50 km from the above eG temperature at a point below the 50 eG temperature.g temperature.

A person shall be appointed.

③ In addition, even when the Plaintiff drives a road, the gradient of which is about 16%, while presenting the following a line, at a point where the speed of which is about 30km/h, exceeds 170 degrees, which is the heat limit of LP-EGR 2nd (under the following: 2nd gear 16%, 3rd 10%, 170 degrees from the point where the speed is above 50km/h 170 degrees), the Plaintiff’s assertion that the speed of LP-EGR 2nd 16% from the point where the speed is about 30km/h, exceeds 16% from the point where the speed is above 30km, but it is difficult to accept the Plaintiff’s assertion that the gradient of 10% from the point where the speed is over 16% from the point where the speed is above 8% from the point where the mountain road can be seen as an exceptional part of the mountain road from the point where it can be seen as 8% from the point below the mountain road.

A person shall be appointed.

④ Even if the absorption temperature is above 35 degrees, the LP-EGR temperature is above 170 degrees, which is the limit in the heat of the LP-EGRbe, and designed to stop the operation of the EGR to prevent this, the vehicle manufacturer as a vehicle manufacturer shall, in principle, manufacture the automobile exhaust gas so that it can be maintained in compliance with the permissible level during the warranty period, and this shall take precedence over the value pursued by the vehicle manufacturer in terms of efficiency, such as the improvement of costs of exhaust gas and the reduction of production costs. Although the proviso of the voluntary establishment clause of this case provides exceptions that are not deemed voluntary establishment, such as the safe operation of the instant voluntary establishment clause, it should also be viewed that the automobile exhaust gas satisfies the permissible level of exhaust gas.

However, if the Plaintiff becomes “at least 35 degrees of smoking temperature” in the instant vehicle, there is no evidence to deem that the installation of a device to stop the operation of the EGR is inevitable for safe operation or the protection of engines.

(4) Ultimately, EGR, which is a device for reducing exhaust gas of the instant vehicle, is not capable of performing its function because it has been easily ceased to function differently from the exhaust gas test cap under the general conditions of operation and use, and this arises from the establishment of the instant temperature that allows EGR to stop its operation at a level of at least 35 degrees of smoking temperature. Therefore, it is reasonable to deem the instant temperature establishment constitutes a voluntary establishment that suspends the function of exhaust gas-related parts.

In this regard, the plaintiff argued that since the UK and France announced the findings that they did not discover any voluntary establishment in the vehicle of this case, the establishment of the temperature of this case cannot be deemed to be a voluntary establishment. However, according to the overall purport of the statements and arguments in the evidence Nos. 1, 2, and 6 of the evidence No. 9-2 and the whole arguments, the above findings merely indicate that they failed to find any voluntary establishment that would avoid the authentication test in the vehicle of this case with the "the recognition method of the 'the recognition method of the 'the recognition method of the 'the 'the recognition method of the 'the 'the ' the 'the ' the 'the 'the 'the 'the 'the 'the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the

C) Whether the Plaintiff constitutes a case of obtaining certification of exhaust gas by fraud or other improper means

(1) Relevant legal principles

Article 55 subparagraph 1 of the Clean Air Conservation Act provides for the grounds for revoking the certification in a case where the certification has been obtained by fraud or other improper means. Here, the term "cases where certification has been obtained by fraud or other improper means" does not require an automatic manufacturer to submit false data or actively conceal the fact in order to obtain the recognition of exhaust gas, but it is reasonable to view that the automatic manufacturer includes both active and passive acts that obtain certification in a manner that is not justifiable by social norms even though he/she

(2) In the instant case:

As seen earlier, the certification of exhaust gas under Article 48(1) of the Clean Air Conservation Act is also included in the subject of certification even if the voluntary establishment of exhaust gas is not applied to a motor vehicle. Therefore, the Plaintiff cannot obtain the certification of exhaust gas for the instant motor vehicle to which the voluntary establishment

Nevertheless, as the Plaintiff did not apply voluntary establishment to the instant vehicle, it is reasonable to deem that it constitutes a case where the Plaintiff obtained certification of exhaust gas by submitting a report, etc. on the result of the exhaust gas test to the effect that EGR works properly in driving at public roads, and it is reasonable to deem that the Plaintiff’s report, as a result of the said test, is not in itself false or otherwise unlawful manner, or that the Plaintiff submitted data on the establishment of the instant temperature at the time of applying for certification of exhaust gas, does not interfere with such recognition.

D) Sub-determination

Therefore, the cancellation disposition of this case is legitimate.

2) Whether the order to suspend sale of the instant case and correct defects is lawful

A) Whether the legal basis is unclear

According to Article 50 (7) of the Clean Air Conservation Act, where a motor vehicle manufactured with certification fails to pass an inspection of permissible emission levels for manufactured motor vehicles under paragraph (1) of the same Article, the Minister of Environment may order the manufacturer to replace related parts of exhaust gases and motor vehicles already sold to the manufacturer.

The following circumstances revealed by the aforementioned facts and the purport of the entire oral argument, i.e., (i) the Defendant Minister of Environment submitted a plan for the defect assessment of the instant vehicles already sold to the Plaintiff for approval, and ordered the Plaintiff to correct the defect. Here, the content of the defect correction is applied voluntarily, and thus it would be a replacement of exhaust gas-related parts that do not function normally. (ii) The Defendant Minister of Environment explicitly states that the legal basis is Article 50(7) of the Clean Air Conservation Act in issuing the order for the defect correction of this case; (iii) the Defendant Minister of Environment may request the submission of the defect correction plan and the approval procedure thereof to reflect the defect correction plan formulated by the Plaintiff in the content of the order for the replacement of parts, in full view of the following circumstances:

B) the existence of the reasons for the disposition

(1) Whether an order can be issued to suspend sales on the ground of voluntary setting

Article 50 (1) of the Clean Air Conservation Act provides that the Minister of Environment shall inspect a motor vehicle manufactured by obtaining certification under Article 48 to ascertain whether it conforms to permissible emission levels for manufactured motor vehicles, as prescribed by Presidential Decree, and Article 50 (7) of the same Act provides that the Minister of Environment may order the manufacturer of the same kind of motor vehicle that has failed to pass an inspection to suspend sale or shipment and to replace the exhaust gas-related parts and motor vehicles already sold.

On the other hand, Article 48(1) of the Enforcement Decree of the Clean Air Conservation Act separates the above inspection into an occasional inspection and a regular inspection. According to delegation of Article 50(6) of the Air Quality Conservation Act, Article 38(5) of the Certification Announcement of this case can include voluntary settings other than the permissible emission levels for manufactured automobiles under Article 62 [Attachment 17] of the Enforcement Rule of the Clean Air Conservation Act in the examination items necessary

In light of the contents and purport of these regulations, especially the fact that voluntary establishment is a ground for revocation of the certification of automobile exhaust gas, it is reasonable to view that a manufacturer of a motor vehicle who failed to pass an occasional inspection can be ordered to suspend selling under Article 50(7) of the Clean Air Conservation Act.

(2) In the instant case, it is legitimate for the Defendant to issue an order to suspend the sale of the instant vehicle and to correct the defects on the ground that the instant vehicle was found to have failed to pass the instant occasional inspection, as seen earlier.

3) Whether the disposition of imposition of the penalty surcharge of this case is legitimate

According to Article 56 (1) 2 of the Clean Air Conservation Act, the Minister of Environment may impose a penalty surcharge on an automatic manufacturer in cases where a motor vehicle manufacturer manufactures or sells a motor vehicle different from the details certified as exhaust gas under Article 48 (1).

However, even though the Plaintiff obtained certification on the fact that voluntary establishment was not applied to the instant vehicle, it is legitimate to impose the instant penalty surcharge on the ground that the Plaintiff manufactured and sold the instant vehicle subject to voluntary establishment different from the details of the certification as seen earlier.

4) Sub-committee

Therefore, each of the dispositions of this case is legitimate, and the plaintiff's assertion disputing this is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.