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(영문) 서울고등법원 2018.11.14 2017누38739

배출권할당량결정처분취소

Text

1. On December 1, 2014, the corrected Defendant’s 414,780 tons of comparable CO2 equivalents (tCO2-eq) against the Plaintiff.

Reasons

1. The grounds for the court’s explanation concerning this case are as follows: (a) the pertinent part of the judgment of the first instance is amended as stated in the following 2; and (b) the reason for the judgment of the first instance (including the attachment, but excluding the part regarding “4. conclusion”) is the same as the part concerning the reason for the judgment of the first instance except for the addition of the corresponding “related Acts and subordinate statutes” to the attached part of “related Acts and subordinate statutes” as stated in the attached Table of this judgment; and (c) thus

2. Under the 2 pages of the modified part, the Minister of Environment shall dismiss “the Defendant (hereinafter referred to as “Defendant”)” as “the corrected Defendant.

Under 2, the Minister of Environment shall take the following five parallels “the Defendant”, “the Minister of Environment” of the third and fourth parallels “the Defendant”, and “the Minister of Environment from the third and seven parallels “the Defendant”, respectively.

3 under the 3rd page, the term “Defendant” from the 4th page to the 3rd page.

3.0 Does this end:

【Until the Defendant’s rectification was changed to the Minister of Trade, Industry and Energy, the competent authority of each of the instant dispositions was re-converted to the Defendant pursuant to Article 6 of the Enforcement Decree of the Emission Trading Act (amended by Presidential Decree No. 28562, Dec. 29, 2017). From 4th to 6th, up to 4th below the following.

A person shall be appointed.

A. In a case where the purport of the instant safety defense is modified, determination shall be made on the basis of the time when the application for amendment of the purport of the claim was submitted. On February 27, 2015, the Plaintiff sought revocation of the “determination of allocation of emission permits to the Plaintiff on December 1, 2014” and “determination of allocation of emission permits to the Plaintiff, including the Plaintiff, on December 1, 2014” at the time of the instant lawsuit, and submitted an application for amendment of the purport of the instant disposition seeking revocation of the instant refusal disposition on January 9, 2017 after the lapse of 90 days from the date when the instant refusal disposition was known.