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(영문) 서울행정법원 2017.03.30 2014구합74527
국가배출권할당계획 취소청구
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Government, at the State Council on November 17, 2009, estimated the total greenhouse gas emissions anticipated to be emitted if it does not take any artificial measures to reduce greenhouse gas emissions in 2020, in order to estimate the total amount of greenhouse gases emissions expected to be emitted if it does not take any artificial measures to reduce greenhouse gases in 2020.

On January 13, 2010, the Framework Act on Low Carbon, Green Growth (hereinafter “Green Growth Act”) was enacted on January 13, 2010 to reduce greenhouse gas emissions by 30% in preparation for business reduction.

B. On April 14, 2010, the Government announced the former Guidelines for the Management, etc. of Energy Target (wholly amended by Presidential Decree No. 2016-255, Dec. 30, 2016) in accordance with Article 42(5) of the Green Growth Act and Article 26(2) of the former Enforcement Decree of the Framework Act on Low Carbon, Green Growth (amended by Presidential Decree No. 27180, May 24, 2016) to introduce the target management system for greenhouse gas energy in order to achieve the goal of reducing greenhouse gas emissions, saving energy, and using energy. In addition, the Government designated and publicly announced the target management system for greenhouse gas emissions and energy consumption enterprises exceeding a certain standard quantity as target management enterprises (hereinafter referred to as "management enterprises") pursuant to 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).

(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 model operation periods without setting targets in 2011 in accordance with the above target management system.

For the purpose of effectively accomplishing the targets for reducing greenhouse gas emissions under Article 42(1)1 of the Green Growth Act on May 14, 2012 by utilizing market functions, the system does not apply to the allocation and trading of permissible greenhouse gas emissions allocated to individual greenhouse gas-emitting businesses within the scope of total permissible greenhouse gas emissions.

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