과징금부과처분 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company that manufactures electronic equipment, parts, etc., such as LED chip, at the place of business located in Ansan-si, 163, 65-16, 1 block 36 (hereinafter “instant place of business”).
B. On May 24, 2016, the Enforcement Decree of the Emission Trading Act was amended on May 24, 2016, the Minister of Strategy and Finance, the Minister of Trade, Industry and Energy, and the Minister of Trade, Industry and Energy, according to the business and sector.
(Article 6) On September 12, 2014, the Enforcement Decree of the Emission Trading Act (amended by Presidential Decree No. 27181, May 24, 2016; hereinafter “Enforcement Decree of the Emission Trading Act”) designated and announced the Plaintiff as a business entity eligible for allocation of emission permits under Article 8 of the Act on Allocation and Trading of Greenhouse Gases (hereinafter “Emission Trading Act”) and Article 6 of the former Enforcement Decree of the Act on Allocation and Trading of Greenhouse Gas Emission Permits (amended by Presidential Decree No. 27181, May 24, 2016); and notified the Plaintiff to submit an application for allocation of emission permits to the Plaintiff pursuant to Article 13 of the Emission Trading Act and Article 15 of the Enforcement Decree of the Emission Trading Act.
C. On October 14, 2014, the Plaintiff submitted to the Minister of Environment an application for allocation of emission permits, which includes the total number of emission permits for a commitment period (2015 to 2017) and the total number of emission permits for each implementation year, information on emission of greenhouse gases from each place of business [standard year (2011 to 2013), information on emission of greenhouse gases from existing facilities, and information on emission of greenhouse gases from expected facilities newly established or expanded facilities] (hereinafter “instant first application for allocation”); the total number of emission permits for a commitment period as applied by the Plaintiff at the time and the number of emission permits for each implementation year are as listed below.
The total number of emission permits to be applied during the period of application for emission permits in 2015 and the estimated emission quantity of emission permits to be applied in 2017 shall be the emission permits to be applied for in 2017.