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(영문) 서울행정법원 2018.11.29 2018구합59434

특정물질수입허가및판매계획승인불가처분취소

Text

On December 29, 2017, the Defendant’s decision to grant permission for import and sales of specific substances to the Plaintiff is revoked.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who engages in wholesale and retail business, such as freezing and press greenhouse gas, with the trade name “B”.

B. On November 1, 2017, the Plaintiff filed an application with the Defendant for approval of the “HC-22 (hereinafter “instant specific substances”)” under Articles 11 and 13 of the Act on the Regulation, etc. of Manufacture of Specific Substances for the Protection of the ozone layer (hereinafter “the Act”).

C. On December 29, 2017, the Defendant sent a reply to the Plaintiff that the approval of the instant import and sales plan for specific substances was not possible according to the said application.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of evidence A Nos. 1 and 2, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The details of the relevant statutes are as shown in the attached statutes.

B. 1) The plaintiff's assertion of procedural illegality? The defendant did not fully state the grounds or reasons for the disposition while rendering the disposition of this case.

The instant disposition is unlawful in violation of Article 23(1) of the Administrative Procedures Act.

B) In order to reduce the production and consumption of the instant specific substance that destroys the ozone layer in accordance with the Montreal Protocol on Substances that Destroyed the ozone layer, the Defendant allegedly announced and distributed the “instant notice” in the form of news report materials by publicly announcing the production and consumption levels of the specific substance (as of October 26, 2012, No. 2012-518 of the Ministry of Environment, No. 2012-487 of the Ministry of Knowledge Economy, and No. 2012-487 of the Ministry of Knowledge Economy.

The public notice of this case is limited to cases where a person subject to permission for manufacture and import has a standard quantity of production or import performance in 2009 and 2010 for the smooth reduction of specific substances.

In addition, around December 21, 2017, the Korean Close Chemical Industry Promotion Council organized “a seminars with the HFC allocation guidance and the promotion of substitution conversion” in the course of that seminars, which are within the base limit of 2009 and 2010, respectively.