온실가스 배출권 할당 처분 취소청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 17, 2009, the Government announced at the State Council to reduce the total nationwide greenhouse gas emissions in 2020 by 30% compared to the projected greenhouse gas emissions prospects (BAU) in 2020. To this end, the Framework Act on Low Carbon, Green Growth (hereinafter “Framework Act”) was enacted on January 13, 2010.
B. On April 14, 2010, the Government announced the former Guidelines on the Management, etc. of Greenhouse Energy Energy (wholly amended by Presidential Decree No. 27180, May 24, 2016) pursuant to Article 42(5) of the Framework Act and Article 26(2) of the former Enforcement Decree of the Framework Act on Low Carbon, Green Growth (wholly amended by Presidential Decree No. 27180, Dec. 30, 2016) to introduce the target management system for greenhouse gas energy (hereinafter referred to as “object management system”) in order to achieve the targets of reducing greenhouse gas emissions, saving energy, and using energy. In accordance with Article 29 of the former Enforcement Decree of the Framework Act on Low Carbon, Green Growth (Amended by Presidential Decree No. 24270, Dec. 27, 2012), the Government designated and publicly announced the target management entity and the target management entity that emits greenhouse gas emissions in excess of a certain standard quantity as a target management entity (hereinafter referred to as “the target management entity”).
The plaintiff was designated as a controlled entity in all the development energy sector.
(c) the Government has set and managed targets for reduction of greenhouse gases, energy conservation, and energy utilization efficiency for each controlled entity from 2012 through pilot operation periods without setting targets in 2011 in accordance with the target management system.
In order to effectively achieve the targets for reducing greenhouse gas emissions under Article 42(1)1 of the Framework Act on May 14, 2012 (hereinafter referred to as “national greenhouse gas reduction targets”) by utilizing market functions, the introduction of a system for allocating and trading permissible greenhouse gas emissions allocated to individual greenhouse gas-emitting businesses within the scope of total permissible greenhouse gas emissions (hereinafter referred to as “emission trading system”).