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(영문) 서울행정법원 2020.09.03 2019구합88286
배출권 할당거부처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

(b) utilize the market functions to the maximum extent possible to achieve the effective achievement of national objectives in the direction of the assignment programme;

It is necessary to ensure fair and transparent emission trading in accordance with market principles.

3. After the establishment of the second allocation plan and the establishment of the first allocation plan, 591 business entities eligible for allocation assigned KU in advance 538,461,00 of emission permits for the year 2018.

II. Sectors and Types eligible for allocation of emission permits;

1. Sectors and types of business eligible for allocation of emission permits;

(a) Selection criteria: Selection in consideration of the impact on national greenhouse gas emissions, the possibility of measuring emission levels, and the possibility of executing a system;

(b) Selection results: Five sectors, the criteria for the primary allocation plan and the primary alteration allocation plan, and 26 categories, respectively.

2. The application of relevant standards, such as trade intensity and production cost-bearing levels, etc., to a company (existing type of business) 351 electricity and gas production and pipeline supply business (352 steam, cold and hot water and air control supply business) as well as 353 integrated energy industry steam, cold and hot water and air control supply business under 353 integrated energy industry (Omission) public, public, and other (Omission) wastes of buildings in 353 industrial complex * Existing "integrated energy" and "industrial complex" are integrated in cases of selection of gratuitous allocation types of business because it is difficult to subdivide them into separate types of business under the Korea Standard Industrial Classification.

3. The industrial complex category in the sector of “industry” to which the plaintiffs of the emission-free allocation type belong is designated as the business of gratuitous allocation.

III. Total permissible volume of emission and allocated amount by sector and business type;

4. Calculation method of total permissible volume of emission, etc. (1) Calculation method of the State’s “discharge after reduction” by implementing year (2018 to 2020) (2) Calculation of the State’s “discharge after reduction” by dividing the State’s “discharge after reduction” by industry, sector, or business type, and calculating the “discharge after reduction” by implementation year by sector or business type. (3) The average greenhouse gas emission quantity by sector or business type (2014 to 2016) of a business entity eligible for allocation by sector or business type.

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