Government-Certified Kitchen Waste Disposer Modified and Sold by Dealers... Court Rules "Certification Cancellation Justified"

The court ruled that it is justified to hold the manufacturer responsible and cancel the certification of a product if it has been modified and sold at a dealership after being certified by a government-affiliated agency.

According to the legal community on the 24th, the Administrative Division 13 of the Seoul Administrative Court (Chief Judge Park Jeong-dae) ruled against company A, a manufacturer and seller of kitchen waste disposers, in a lawsuit filed against the Korea Water Technology Certification Institute, a public institution under the Ministry of Environment, seeking to cancel the certification revocation. The court found the certification cancellation by the Korea Water Technology Certification Institute to be justified.

Seoul Administrative Court

Company A is engaged in the manufacturing and sales of kitchen waste disposers certified by the Water Technology Certification Institute. It has been selling the certified products through dealerships. However, during an on-site investigation where monitoring agents from the Water Technology Certification Institute purchased products online for verification, it was revealed that dealerships had been selling and installing modified products that differed from the certified ones.

The Water Technology Certification Institute canceled the certification for the relevant products. In response, Company A filed an administrative lawsuit, arguing that "the dealerships arbitrarily modified the products" and that there is a "justifiable reason that the manufacturer (Company A) cannot be blamed for neglecting its duties."

However, the court stated, "It is reasonable to view that the product modification was carried out within the scope and responsibility of the plaintiff," and added, "If the plaintiff (Company A), who has the obligation not to alter the product, gains benefits such as operational convenience or cost reduction through a third party (dealership), it is reasonable to bear the risks or disadvantages arising from the third party's choices."

In particular, the court emphasized, "Since food waste ground by kitchen waste disposers can directly flow into the sewage system and cause pollution of public water bodies, the sale and use of kitchen waste disposers are generally prohibited and only exceptionally allowed when certified," and "Considering the purpose of the certification system, manufacturing or modifying products differently from the certified specifications must be strictly prohibited."