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(영문) 서울행정법원 2017.02.02 2015구합55370
배출권 할당거부처분 취소
Text

1. On December 1, 2014, the Minister of Environment, on December 1, 201, greenhouse gases from the part of 613,120tCO2-eq in relation to the Plaintiff Dairy Co., Ltd.

Reasons

1. Details of the disposition;

A. On November 17, 2009, the Government announced at the State Council to reduce the total nationwide greenhouse gas emissions in 2020 by 30% compared to the projected greenhouse gas emissions prospects (BAU) in 2020. To this end, the Framework Act on Low Carbon, Green Growth (hereinafter “Framework Act”) was enacted on January 13, 2010.

B. On April 14, 2010, the Government introduced the target management system of greenhouse gas energy (hereinafter “Gu target management system”) by publicly announcing the former Guidelines on the Management, etc. of Greenhouse Gas Energy (wholly amended by Presidential Decree No. 2016-255, Dec. 30, 2016; hereinafter “Gu Target Management Guidelines”) pursuant to Article 42(5) of the Framework 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) in order to achieve the targets of reducing greenhouse gas emissions, saving energy, and using energy. In accordance with 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), the government designated and publicly announced the target management entity and the target management entity (hereinafter “objecting entity”).

All plaintiffs were designated as controlled entities in the petroleum chemical industry.

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

In order to effectively achieve the goal of reducing greenhouse gas under Article 42(1)1 of the Framework Act on May 14, 2012 (hereinafter referred to as “national greenhouse gas reduction target”) by utilizing market functions, 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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