Cases

2016 Abia 10520 Suspension of Execution

Applicant

Limited Liability Company*

Respondent

The Minister of Culture, Sports and Tourism

Date of decision

April 8, 2016

Text

1. On March 28, 2016, a disposition to revoke the designation of a tourman exclusively in charge of attracting Chinese organizations and tourists against an applicant on March 28, 2016 shall be suspended until May 31, 2016.

Purport of application

On March 28, 2016, the Seoul Administrative Court 2016Guhap58963 decided on March 28, 2016 on the revocation of the designation of the travel agent exclusively in charge of attracting tourists in China shall suspend the execution until the judgment of the Seoul Administrative Court is rendered.

Reasons

Since an administrative disposition has fairness pursuant to Article 23(1) of the Administrative Litigation Act, even if a lawsuit seeking revocation is filed, the validity of the disposition shall not be affected. However, only exceptional cases where urgent need exists to prevent irrecoverable damage caused by the enforcement of the disposition pursuant to Article 23(2) can be suspended to the extent necessary. Therefore, prior to the issuance of the disposition stated in the order, the applicant shall decide to suspend the execution until May 31, 2016 to grant the minimum time necessary for the back management of the contract already entered into as an exclusive position for attracting Chinese organization tourists.

Judges

Judgment of the presiding judge;