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(영문) 서울행정법원 2017.02.02 2015구합55547
온실가스 배출권 할당처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 14, 2012, pursuant to Article 46 of the Framework Act on Low Carbon, Green Growth (hereinafter “Framework Act”), the Act on Allocation and Trading of Greenhouse Gas Emission Permits (hereinafter “Emission Trading Act”) was enacted, and Korea’s greenhouse gas emissions trading system was introduced.

B. On January 28, 2014, pursuant to Article 4 of the Emission Trading Act, the Government established a basic plan for the emissions trading system with the content that the emissions trading scheme will be implemented from January 1, 2015, and that the three-year period from January 1, 2015 to December 31, 2017 (hereinafter “the planning period”) shall be set as the first commitment period (hereinafter “the planning period”), and that the national greenhouse gas reduction targets in 2020 shall be set as 30% compared to the BAU business 2020.

C. On September 12, 2014, the Minister of Environment designated the company subject to allocation of emission permits under Article 8 of the Emission Trading Act as the Ministry of Environment’s announcement on September 12, 2014, and designated the Plaintiff as the company subject to allocation of shipbuilding industry.

On September 16, 2014, the Minister of Environment publicly announced a national emission permit allocation plan (hereinafter “emission permit allocation plan”) 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; hereinafter “former Enforcement Decree of the Emission Trading Act”) (amended by Presidential Decree No. 27181, May 24, 2016; hereinafter “Enforcement Decree of the Emission Trading Act”).

E. The Plaintiff applied for the allocation of greenhouse gas emission permits to the Minister of Environment during a commitment period from September 15, 2014 to October 14 of the same year, which is the period for applying for the allocation of greenhouse gas emission permits, and the Minister of Environment allocated greenhouse gas emission permits to the Plaintiff on December 1, 2014, as shown in the attached Table 1.

The disposition of allocation of greenhouse gas emissions and the amount of the Plaintiff’s application for allocation of greenhouse gas emissions are actually allocated.

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