중국 단체관광객 유치 전담여행사 지정취소 처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The People's Republic of China (hereinafter referred to as "China") introduced a travel permission system (ADS, APV) that allows the Chinese government to designate a travel zone for group tourists in consultation with the government of each country in order to control foreign tourism from the 1980s, and only the travel agents recommended by the country which entered into an agreement with China to attract Chinese group tourists.
On May 198, 1998, China designated the Republic of Korea as "China's Voluntary Tourism State", and on June 2, 1998 and June 27, 2000, the delegation of the two countries signed the agreement on implementation plans for various related issues arising from tourism of Chinese collective tourists in the Republic of Korea, and signed the agreement on the Roster (hereinafter "Non-Roster of this case").
According to the Roster of this case, China shall select a travel agency in its country and have it take full charge of the organization tourism affairs of the Republic of Korea residents of China, and these travel agencies must enter into a group tour contract by finding a collaborative company from among the travel agencies recommended by the Government of the Republic of Korea.
On July 1998, the Defendant enacted the Guidelines for the Implementation of the Exclusive Tour Services for Attraction of Chinese Organization Tourist (hereinafter “instant Guidelines”) in order to designate and manage the “exclusive tourer for Attraction of Chinese Organization Tourist” (hereinafter “exclusive tourer”) recommended to China according to the instant visa.
On February 15, 2011, the Plaintiff was established for the purpose of domestic travel, overseas travel, general travel, etc. and was designated as an exclusive travel agent by the Defendant.
On August 27, 2019, based on Article 11(3)2 of the instant Directive, the Defendant revoked the Plaintiff’s designation of the exclusive travel agent in China on the ground that “The name of the exclusive tour agent in China was lent to B (hereinafter “B”) a non-designated general tour agent.”
(hereinafter referred to as “instant disposition”). . [Grounds for recognition] without dispute, Gap evidence No. 2, and Eul evidence No. 1 include numbers, below.