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(영문) 서울행정법원 2017.02.02 2015구합55141

온실가스 배출권 할당처분 취소의 소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

On November 17, 2009, the government announced at the State Council to reduce the total amount of national greenhouse gas emissions in 2020 by 30% compared to the expected greenhouse gas emissions in 2020, and on January 13, 2010, the Framework Act on Low Carbon, Green Growth (hereinafter referred to as the "Framework Act") was enacted.

On April 14, 2010, the Government introduced the target management system that mainly sets and manages reduction targets every year for greenhouse gas emissions and energy consumption enterprises (hereinafter referred to as "management enterprises") with a certain standard quantity of greenhouse gas in accordance with Article 42(5) of the Framework Act and 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; hereinafter referred to as the "former Enforcement Decree"), with a view to achieving reduction of greenhouse gases, energy conservation, and energy utilization efficiency, and established and managed targets for reduction of greenhouse gases, energy conservation, and energy use efficiency for each management entity from the year of 2012 after the model operation period for which no target is set in 2011 was set.

On May 14, 2012, the Act on the Allocation and Trading of Greenhouse Gas Emission Permits (hereinafter referred to as the "Emission Trading Act") was enacted to achieve national greenhouse gas reduction targets under Article 42(1)1 of the Framework Act (hereinafter referred to as "national greenhouse gas reduction targets") by introducing a system on the allocation and trading of greenhouse gas emissions permissible (hereinafter referred to as "emission permits") allocated to individual greenhouse gas-emitting business entities within the total permissible amount of greenhouse gas emissions, or the weak class of KaU (hereinafter referred to as "KAU"), thereby effectively utilizing market functions to achieve national greenhouse gas reduction targets by effectively utilizing market functions.

The Government shall include matters concerning the domestic and overseas status of and prospects for the emissions trading system and the basic direction for the operation of the emissions trading system, in accordance with Article 4 of the Act on Emission Trading on January 28, 2014.