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1. On December 1, 2014, the Minister of Environment disposes of the allocation of greenhouse gas emission permits to the Intervenor joining the Defendant.
Reasons
1. Details of the disposition;
A. The Minister of Environment, on September 12, 2014, designated and publicly announced a company subject to allocation of emission permits under Article 8 of the Act on the Allocation and Trading of Greenhouse Gas Emission Permits (hereinafter “Emission Trading Act”) as an entity subject to allocation of cement industry, and designated the Plaintiff and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) as an entity subject to allocation of cement industry.
B. On September 16, 2014, pursuant to Article 2014-541 of the former Enforcement Decree of the Act on the Allocation and Trading of Greenhouse Gas Emission Permits (amended by Presidential Decree No. 27181, May 24, 2016; hereinafter “former Enforcement Decree of the Emission Trading Act”; hereinafter “Enforcement Decree of the Emission Trading Act”) Article 3(8) of the same Act, the Minister of Environment publicly announced a national allocation plan for the first commitment period (3 years from January 1, 2015 to December 31, 2017; hereinafter “plan period”) pursuant to Article 3(8) of the former Enforcement Decree of the Act on the Allocation and Trading of Greenhouse Gas Emission Permits (amended by Presidential Decree No. 27181, May 24, 2016).
C. During the period from September 15, 2014 to October 14 of the same year, the Plaintiff and the Intervenor applied for the allocation of greenhouse gas emission permits to the Minister of Environment. On December 1, 2014, the Defendant allocated greenhouse gas emission permits to the Plaintiff and the Intervenor as indicated below.
(이하 보조참가인에게 온실가스 배출권이 할당된 것을 ‘이 사건 할당처분’이라 한다). 이로 인하여 원고는 환경부장관으로부터 8,764,384tCO₂-eq[1tCO₂-eq ≡ 1KAU(Korean Allowance Unit), 이하 단위를 ‘KAU'라 한다]의 예상 온실가스 배출량을 인정받았음에도 414,780KAU(= 8,764,384KAU - 8,349,604KAU)에 대한 배출권 할당은 거부되었다
As above, the part that was not actually allocated from the recognized volume within the scope of the Plaintiff’s application amount is “instant rejection disposition” and the allocation disposition is subject to the instant allocation disposition.