영업정지처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On July 10, 2012, the Plaintiff entered into a lease agreement with B (hereinafter “instant agreement”) on the guest rooms and the entire appurtenant facilities of the instant resort and the land therefor (hereinafter “instant agreement”). On July 24, 2012, the Plaintiff was running a tourist accommodation business in the instant resort after completing the report on the general lodging business to the Defendant with the trade name “E”.
B. On March 6, 2014, the Defendant notified the Minister of Culture, Sports and Tourism of violations of the Tourism Promotion Act with respect to the instant cooking, and on June 25, 2014, on the ground that B either disposed of facilities of a tourism business or made another person manage such facilities in violation of Article 11 of the Tourism Promotion Act, the Defendant issued a disposition suspending the instant cooking business for one month against B pursuant to Article 35(1)5 of the same Act (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-1, Eul evidence 1, 4, and 5, the purport of the whole pleadings
2. Determination on this safety defense
A. The defendant's assertion that the plaintiff is merely a third party who is not the direct other party to the disposition of this case, and that the plaintiff has no standing to sue since the plaintiff did not violate the legal interests protected by the disposition of this case.
B. 1) Determination 1) Even if a third party, who is not the direct counter party to an administrative disposition, is subject to legal protection due to the administrative disposition, an administrative litigation seeking the revocation of the administrative disposition, and is entitled to a decision of propriety of the administrative disposition. The legally protected interest refers to individual, direct, and specific interest protected by the relevant administrative disposition and relevant laws and regulations (see, e.g., Supreme Court en banc Decision 2006Du330, Mar. 16, 2006). 2) Article 11 of the Tourism Promotion Act is a tourist operator under paragraph (1).