2018Nu44960. Revocation of a plan, approval or disposition for the correction of defects of automobiles

1. A;

2. B

3. C

[Defendant-Appellant] Plaintiff LLC

[Defendant-Appellee] The Head of Si/Gun/Gu

The Minister of Environment

Government Legal Service Corporation (Law Firm LLC)

Attorney Lee Dong-tae

D Corporation

Attorney Yu Young-il, Kim Jong-ho, Counsel for the defendant-appellant

Seoul Administrative Court Decision 2017Guhap51198 decided April 13, 2018

March 6, 2019

May 8, 2019

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, shall be borne by the Plaintiffs.

The judgment of the first instance is revoked. The approval of the automobile defect correction plan issued by the Defendant to the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) on January 12, 2017 shall be revoked.

1. Quotation of the first instance judgment

The reasoning for the judgment of the court in this case is as stated in the reasoning of the judgment of the court of first instance except for the following parts to be used or added. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

○○ The “this Court” of two of the five pages of the judgment of the first instance (hereinafter referred to as “the judgment of the first instance”) shall be referred to as “the first instance court”. 7 to 13 of the 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 13. Even if a third party is not the other party to an administrative disposition, if any legal interest protected by the administrative disposition is infringed, the party is entitled to file a revocation lawsuit and

The term “legal interest” refers to a case where there is an individual, direct, and specific interest protected by the relevant laws and regulations and the relevant laws and regulations, and it does not include a case where a person has a factual or economic interest, such as a general, indirect and abstract interest commonly held by the general public as a result of public interest protection. In addition, the legal interest protected by the relevant laws and regulations and relevant laws and regulations is a legal interest protected by the express provisions of the relevant laws and regulations based on the relevant disposition, although not protected by the relevant laws and regulations, it refers to a case where a legal interest protected by the relevant laws and regulations and regulations is interpreted to include a legal interest explicitly protected by the relevant laws and regulations for achieving the administrative purpose of the relevant disposition, and a reasonable interpretation of the relevant laws and regulations and regulations does not explicitly protect the relevant interest, and it is interpreted that the grounds for restricting the administrative agency under the relevant laws and regulations include an individual, direct, and specific interest protection, not a pure public interest protection (see, e.g., Supreme Court Decisions 2003Du2175, Aug. 16, 2004>

0 One of the seven pages ", however, the first instance" shall be added to:

Unlike the provisions of the Automobile Management Act that provide for an opportunity to raise an objection during the course of correction, the Plaintiffs suffered property damage, etc. due to the voluntary establishment of the instant vehicle by Euro 5 HH, which is caused by the voluntary establishment of the instant vehicle by E, which is the manufacturer of the said vehicle, shall not be the damage caused by the instant disposition by the Defendant, or not the damage caused by the instant disposition.09 .5 .0 .0 .. 5 .” The following shall be added to the following (in cases where a manufacturer of an automobile is defective, such as failing to meet the safety standards for motor vehicles or impeding the safe operation of motor vehicles, etc., the plans for corrective measures shall be disclosed to the owner of the automobile and the opportunity to submit an objection shall be guaranteed to the owner of the automobile during the process of correction, and the provisions that provide for an opportunity to hear opinions to the owner of the automobile and the right to request the replacement of the parts under Article 57 of the former Clean Air Conservation Act shall not be required to the owner of the automobile under Article 520 of the Clean Air Conservation Act:

G) The plaintiffs can only sell an automobile which has obtained prior certification under the Clean Air Conservation Act, and the owner of an automobile is legally guaranteed to purchase only an automobile which has obtained prior certification, and in the regulations on the method and procedure for the certification and inspection of a manufacturing automobile (No. 3, 2018, No. 2018-129, hereinafter referred to as "the certification announcement of this case"), the contents of the prior certification are to be indicated on the automobile. Accordingly, the signboards related to exhaust gases attached to the automobiles owned by the plaintiffs are manufactured in conformity with the relevant Acts and subordinate statutes, the vehicle was manufactured in conformity with the relevant Acts and subordinate statutes, the statement that guarantees the permissible emission level of exhaust gases is stated, the vehicle which has not obtained prior certification cannot be registered lawfully in accordance with Article 9 of the Motor Vehicle Management Act, and the owner of an automobile under the prior certification system is guaranteed to ensure the normal operation of exhaust gas reduction devices such as EGR during the guarantee period. Therefore, the prior certification system under the Clean Air Conservation Act is intended to protect the purchase of the automobiles owned by the plaintiffs.

However, even if the provisions of Articles 46, 48, and 5 of the Clean Air Conservation Act regarding the prior authentication of automobiles are applicable laws or regulations to the dispositions of this case, the above provisions only stipulate that the automobile manufacturer shall obtain authentication from the defendant, and does not stipulate that the owner of an automobile shall directly demand the defendant to grant an authentication, or that the defendant be granted an authentication from the automobile manufacturer, and there is no provision that guarantees the opportunity to participate in the authentication procedures such as participation in the authentication examination. ② The above provisions also stipulate that the manufacturer shall impose an advance authentication obligation on the automobile manufacturer to prevent air pollution and the environment from being harmed by properly regulating pollutants discharged from the automobile and to maintain and preserve the atmospheric environment in a proper and sustainable manner, so it is not necessary to ensure that the automobile manufacturer's right to use the automobile under the provisions of Article 33 (1) of the Automobile Conservation Act is not to be guaranteed to the owner of the automobile to use the automobile to display the authentication in accordance with the provisions of paragraph (2) of the same Article.

2. Conclusion

If so, the judgment of the first instance court is justifiable, and the plaintiffs' appeal is dismissed as it is without merit.

The presiding judge, judge and mining division

Judges Kim Jong-chul

Judge Cho Jae-soo

1) Motor Vehicle Management Act

Article 1 (Purpose) This Act shall apply to the registration of motor vehicles, safety standards, self-certification, correction of manufacturing defects, inspection, maintenance, inspection and motor vehicle management business, etc.

Public welfare by efficiently managing motor vehicles and securing the performance and safety of motor vehicles by prescribing matters concerning the efficient management of motor vehicles;

purpose is to promote.

Article 31 (Correction, etc. of Manufacturing Defects) (1) A motor vehicle manufacturer, etc. or part manufacturer, etc. (a motor vehicle parts are sold separately from motor vehicles)

only applicable to rains; hereafter in this Article and Articles 31-2 and 33, the same shall apply) a motor vehicle or motor vehicle parts manufactured, etc. are proposed.

In the event of a defect, such as failure to meet the standards for electric power or the safety of parts or failure to ensure safe operation, such fact

the owner of a motor vehicle from the date he/she becomes aware of the fact and the plan for taking corrective measures accordingly, by mail and mobile phone;

The fact of transmitting text messages by using text messages, and taking corrective measures therefor without delay, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

shall be required: Provided, That any of the following defects in motor vehicle safety standards or motor vehicle parts safety standards shall be applicable:

In lieu of corrective measures, economic compensation may be made.

1. Indication of excessive fuel hydrogen ratio;

2. Indication of the excessive output of the motor.

3. Other defects prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, similar to subparagraphs 1 and 2.

(2) Any motor vehicle manufacturer, etc. or part manufacturer, etc. who intends to make economic compensation in lieu of corrective measures pursuant to the proviso to paragraph (1) shall be

The Minister of Land, Transport and Maritime Affairs shall submit an economic compensation plan.

Enforcement Regulations of the Automobile Management Act

Article 41 (Correction of Manufacturing Defects) (1) Any manufacturer, etc. or part manufacturer, etc. pursuant to the main sentence of Article 31 (1) of the Act shall have knowledge of the defect

A corrective plan including the following matters shall be formulated within 30 days and an owner of an automobile or a person who falls under Article 145 (1):

Dials using mail or mobile phones to the Dong Maintenance and Improvement Project Association and the Specialized Automobile Maintenance and Improvement Project Association (limited to the automobile parts)

The notice shall be given in three lots, and it shall be publicly notified in one or more daily newspapers with the main office in Seoul Special Metropolitan City and distributed nationwide.

(c)

1. Details of manufacturing defects;

2. Effects and cautions on motor vehicles where the manufacturing defects are not corrected.

3. Period (referring to the period of at least one year and six months), place, and department in charge of corrective measures for manufacturing defects;

4. Statement that the manufacturer, etc. shall bear the expenses for corrective measures against the manufacturing defect;

5. Plans and details of compensation in cases where he fails to take corrective measures against the manufacturing defects due to any cause attributable to the manufacturer, etc.;

6. Explanations that compensation may be made for expenses incurred in correcting motor vehicles voluntarily pursuant to Article 31-2 of the Act, and the period of compensation and the receipt of applications for compensation;

Guidance on places, contact numbers, etc.

7. Other matters the Minister of Land, Infrastructure and Transport deems necessary to correct manufacturing defects.

(2) Any person who intends to correct a manufacturing defect shall have the manufacturer, etc. or part manufacturer, etc. within the period of correction under paragraph (1) 3

The manufacturer, etc. or part manufacturer, etc. requested to correct the defects, and the manufacturer or part manufacturer, etc. requested to correct the defects without delay, shall correct them.

section 103.

Regulations on the certification, inspection, etc. of motor vehicles and motor vehicle parts;

Article 8 (Notice, etc. of Owners of Correction Plans) (1) "Other Ministry of Land, Infrastructure and Transport to correct manufacturing defects" in Article 41 (1) 7 of the Rules.

"Matters deemed necessary by the Minister" shall be as follows:

1. The phrase “I will forward this notice to you pursuant to Article 31 of the Automobile Management Act of the Republic of Korea” to the Republic of Korea; and

2. To purchase your motor vehicles: The phrase "it is proved that there exists a manufacturing defect related to theO" or "returns' purchase."

(E) It has been proved that there was a manufacturing defect related to O in the ○○ Parts purchased by Ears (BO).

The phrase "the time to be informed to the company, etc."

3. A description of motor vehicle parts, devices, etc. subject to correction;

4. Risk factors which may occur due to manufacturing defects;

5. Contact point, etc. to file an objection if the owner has a complaint in the course of correction, and necessary matters for raising an objection;