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(영문) 서울행정법원 2016.07.25 2016구합58710

중국전담여행사 지정취소처분 취소청구

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1. On March 28, 2016, the Defendant’s revocation of the designation of the exclusive travel agent for attracting Chinese group tourists, which the Plaintiff rendered, is revoked.

Reasons

1. Details of the disposition;

A. The People's Republic of China (hereinafter referred to as "China") implements a policy that allows foreign governments to enter into an agreement with them to control their own nationals in their tourist destinations outside their country and only those travel agents designated by such foreign governments to attract Chinese group tourists.

On May 198, 1998, China designated the Republic of Korea as "China's Voluntary Tourism State," and on June 6, 1998 and June 27, 2000, China's tourism-related ministries and the Defendant made negotiations on implementation plans for various related issues arising from the tourism of the Republic of Korea by Chinese collective tourists, and signed on a copy of the visa containing an agreement following the negotiations.

(hereinafter referred to as “the instant protocol”). B.

According to the records of this case, China had travel agencies in its country take full charge of the organization tourism business of the Republic of Korea of Chinese nationals, and these travel agencies selected a collaborative company from among travel agencies recommended by the Government of the Republic of Korea and concluded a collective tourist invitation contract.

The defendant shall comply with the Guidelines for the Implementation of Exclusive Tour Services for Attraction of Chinese Organization Tourist (hereinafter referred to as the "Guidelines") as set out in the Round of this case.

(1) The Chinese organization tourer (hereinafter referred to as "exclusive tourer") shall be established and accordingly the "exclusive tourer" (hereinafter referred to as "exclusive tourer").

(c) The Plaintiff was designated and managed as a company established on May 18, 2005 for the main purpose of general travel business and domestic and foreign travel business, and was designated as a exclusive travel agent by the Defendant on April 11, 2006, and was re-designated on December 5, 2013. D. On March 28, 2016, the Defendant: (a) on the ground that “the result of the reexamination for the renewal of exclusive travel agency, the record of storage is less than that of the Plaintiff; (b) the record of the electronic management system is less than zero; and (c) the designation of exclusive travel agent was revoked by applying Article 3-2 of the instant Guidelines (hereinafter “instant disposition”).

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