Cases

2016 Asia 10657 Suspension of Execution

Applicant

Co. Ltd.*

Respondent

The Minister of Culture, Sports and Tourism

Date of decision

April 15, 2016

Text

1. On March 28, 2016, a disposition to revoke the designation of an exclusive travel agent in China against an applicant on March 28, 2016 shall suspend its effect until May 31, 2016.

Purport of application

On March 28, 2016, the respondent's revocation of the status of the exclusive travel agent in China against the applicant on March 28, 2016 shall be suspended until the judgment of this court 2016Guhap6025 was rendered (the date of the disposition in this case seems to be erroneous).

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;