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(영문) 서울고등법원 2017.1.10.선고 2016누69354 판결

중국전담여행사지정처분취소청구

Cases

2016Nu69354 Demanding revocation of the designation of a Chinese travelman.

Plaintiff Appellant

A

Defendant Elives

The Minister of Culture, Sports and Tourism

The first instance judgment

Seoul Administrative Court Decision 2016Guhap59010 decided October 6, 2016

Conclusion of Pleadings

December 20, 2016

Imposition of Judgment

January 10, 2017

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The revocation of the designation of the travel agency exclusively in charge of attracting Chinese organizations tourists against the plaintiff on March 28, 2016 shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation concerning this case is as follows: "The first disposition on No. 5 of the judgment of the court of first instance shall be based on the law, which imposes a significant restriction on the freedom of occupation and the freedom of business of the people," and "No. 15 of the judgment of the court of first instance" (see, e.g., Supreme Court Decisions 2016Du37560, Jul. 27, 2016; 2015Nu6730, Apr. 5, 2016)" is the same as the entry of the reasoning for the judgment of the court of first instance, except for adding "the Supreme Court Decisions 201Du37560, Jul. 27, 2016; see, e.g., Article 8 (2) of the Administrative Litigation

2. Conclusion

Therefore, the judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed as it is without merit.

Judges

The presiding judge, the highest judge

Judges fixed-term machines

Judges Cho Yong-chul