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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff was a juristic person engaged in the ready-mixed manufacturing business, etc., and obtained certification of Korean Industrial Standards (KS) (KSF 4009, hereinafter “responding”) from the Defendant.
B) 1) A certification examiner C belonging to the Defendant and D certification examiners belonging to the National Technical Standards Institute, and A certification examiners belonging to the Korea Institute for Civil and Living Environment Examination to visit the Plaintiff’s workplace on April 7, 2014. At around 13:00 on the same day, the certification examiners collected samples pursuant to KSF 2401 (Methods of Collecting Unfiting Samples) in the presence of G from the Plaintiff’s representative director F and quality control manager, and thereafter, nine public announcements (hereinafter “instant public announcement bodies”) pursuant to KSF 2403 (Method of Collecting Unfited Samples Samples).
(2) On April 8, 2014, the following day, the certification examiners visited the Plaintiff’s workplace to verify the storage status of the instant published body and request the Korea Construction Environment Examination and Research Institute to test the instant published body.
C. On May 12, 2014, the Korea Testing and Research Institute sent a test report to the Defendant on May 12, 2014 that the test result of the instant published body falls short of the standard value in the compressed robbery.
Accordingly, the Defendant decided to revoke the instant certification pursuant to Article 22(1)3 of the Industrial Standardization Act, because the instant published body falls short of the Korean Industrial Standards, and notified the Plaintiff of his opinion by June 17, 2014 pursuant to Article 36(2) of the Industrial Standardization Act, on May 28, 2014.
On June 17, 2014, the Plaintiff submitted a written statement of opinion to the Defendant, and the said written statement of opinion contains the reasons why a reinvestigation should be conducted and the reasons for requesting the Plaintiff to provide an opportunity to explain the matters to be alleged in the hearing to be held later.