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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The plaintiff is a company established for the purpose of the sales business of electrical equipment and electrical construction business.
The National Technical Standards Institute, an affiliated agency of the defendant, established to take charge of the affairs such as the establishment and operation of national standards policies and industrial standardization, and support for the establishment of the national standards system, is operating the support system such as new products (NEP) certification system and compulsory purchase of public institutions in accordance with Articles 16 and 17 of the Industrial Technology Innovation Promotion
On January 16, 2015, the Plaintiff applied for the certification of a new product (hereinafter referred to as “new product of this case”) with respect to the resistant power distribution team (hereinafter referred to as “new product of this case”) to which the nuclear power supply supervisor was applied to the National Technical Standards Institute.
On March 20, 2015, the New Excellent Certification Center established a new Excellent Certification Deliberation Committee to deliberate and resolve on whether the new Excellent Products meet the NEP standards. Accordingly, on March 24, 2015, the Plaintiff obtained a new Excellent Certification from the Defendant to March 23, 2018 with respect to the term of validity of the new Excellent Products from March 24, 2015 to March 23, 2018, and the New Excellent Certification Center notified the Plaintiff on March 26, 2015 that it would grant the Plaintiff the qualification to indicate the new Excellent Certification and issue the new Excellent Certification.
On April 3, 2017, the Defendant revoked the certification of a new product of this case on the ground that “the Plaintiff submitted false materials on the actual results of commercialization, etc., and constitutes cases where the new product is certified by fraud or other improper means prescribed in Article 16-5(1)1 of the Industrial Technology Innovation Promotion Act.”
(hereinafter “instant disposition of revocation.” On the same day, the Defendant publicly announced the fact that the instant disposition of revocation as C on the National Technical Standards website of the Ministry of Trade, Industry and Energy.
On April 4, 2017, the Plaintiff filed a lawsuit seeking the revocation of the revocation of the instant disposition with the Seoul Administrative Court 2017Guhap60628, and filed an application for suspension of execution with the said court 2017Guhap108555, and filed an application for suspension of execution from the said court on April 13, 2017.