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(영문) 서울행정법원 2019.08.16 2018구합68568
리콜계획 승인처분 취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

Details of the disposition

The defendant is a party with the authority to issue various inspection orders in order to properly regulate pollutants discharged from motor vehicles under the Clean Air Conservation Act.

An intervenor is carrying on business, etc. by importing and selling vehicles from German corporations L (L, hereinafter referred to as “L”) and M (M, hereinafter referred to as “M”).

The plaintiffs are the owners of each transit vehicle listed in the list of vehicles owned by L and M in attached Form 1.

Around 209, according to the Free Trade Agreement (FTA) between the European Union and its Member States, Korea introduced Euro 5, which is the permissible emission levels of pollutants, such as nitrogen oxides (Nx; hereinafter referred to as “Nx”) on automobiles used via the European Union, and introduced Euro 6 more strengthened than Euro 5 around 2014.

On the other hand, the United States adopts the permissible emission levels of pollutants, such as nitrogen oxides, in relation to a self-fluort vehicle using LEV-2, unlike the Republic of Korea or the European Union.

The permissible emission levels of Euro 4 through 6 and ELV-2 are as follows:

On May 2014, an international eco-friendly transportation organization (hereinafter “ICTS”) is classified into an indoor certification (e.g., engine electronic control device of a light fuel vehicle manufactured by LA (hereinafter “ECU”) at the time of the indoor certification test (e.g., exhaust gas test : hereinafter “in-house certification test”; hereinafter “EGR”), selective promotion exchange device (hereinafter “EGR”), selective promotion exchange device (hereinafter “EGR”), nitrogen oxides storage and removal device (hereinafter “scR”), and nitrogen oxide oxide storage and removal device (e.g., NATR), etc.

(a) normally.

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