온실가스 배출권거래제 행정소송 1심 판결에 대한 법적 검토 ― 시멘트 업계의 제3자 소송을 중심으로(서울행정법원 2015구합55462 판결) ―

Abstract

The Seoul Administrative Court recently handed down its decisions of first instances on the administrative litigation filed by companies regarding the greenhouse gas emissions trading scheme. At this point of time when two years have passed after the suits were filed and majority of their first trials are in a final stage, it is important to review from a legal perspective on progress and outcome of the administrative litigation concerning the greenhouse gas emissions trading scheme. The study will examine related facts and legal issues surrounding the third party litigation filed by the cement industry that is one of the scarce cases that the government lost (Ministry of Trade, Industry and Energy & SUNGSHIN cement Co. v. TONGYANG cement Co. etc 5, 2015GUHAP55462). In particular, the court's decision indicating that “a facility re-operated after a shutdown” should not be regarded as a “new facility” would serve as an important legal standard in the process of implementing the national emissions trading scheme. However, the decision above allows to treat “a facility re-operated after a shutdown” the same as “a facility starting its operation during the planning stage for the first time after its construction” or as “a facility starting its operation right after newly constructed during the planning stage” without a reasonable ground. This point could be subject to critical review in that it violates “the principle of equality”. It is also one of the reasons that the future appeal trial draws much attention.