전담여행사 지정취소처분 취소소송
On March 28, 2016, the Defendant revoked the revocation of the designation of the exclusive travel agent in China against the Plaintiff.
The costs of lawsuit.
1. Details of the disposition;
A. The People's Republic of China (hereinafter referred to as "China") has entered into an agreement with a foreign government for the control of its own nationals in a tourist destination outside its country and only the travel agents designated by that foreign government shall 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, the delegation of China and the delegation of Korea signed the negotiation on implementation plans for various relevant issues arising from tourism of Chinese group tourists, and signed the agreement following the negotiation (hereinafter referred to as "the non-record of this case").
B. According to the records of this case, China shall select a travel agency in its own country and have it take full charge of the organization tourism affairs of the Republic of Korea of Chinese nationals, and these travel agencies shall enter into a group tour contract with a cooperator selected from among the travel agencies recommended by the Korean government.
C. On July 1998, the Defendant enacted the “The Guidelines for the Implementation of Exclusive Tour Services for the Attraction of Peoples of China” (hereinafter “instant Guidelines”) in order to designate and manage “The Exclusive Tour for the Attraction of Peoples of China” (hereinafter “The Guidelines”).
The plaintiff is a company that conducts overseas cultural exploration, study travel, overseas training, etc., and is designated as a exclusive travel agent by the defendant.
E. On March 28, 2016, the Defendant issued a notice that the designation of the exclusive travel agent was revoked (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff received less than 59 points that the standard points for the renewal of exclusive travel agent was less than 70 points, as a result of the review of the renewal system of exclusive travel agent in accordance with the instant guidelines.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7, 8, Eul evidence Nos. 1, 21, 22 and 24 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. This.