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(영문) 서울행정법원 2017.06.02 2016구합58536

중국전담여행사지정취소처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The People's Republic of China (hereinafter referred to as "China") implements a policy that allows foreign governments to enter into an agreement with them to control their own nationals in their tourist destinations outside their country and only those travel agents designated by such foreign governments to attract Chinese group tourists.

On May 198, 1998, China designated the Republic of Korea as the "China's Voluntary Tourism State", and on June 6, 1998 and June 27, 2000, China's delegation and Korea's representative negotiated negotiations on implementation plans for various relevant issues arising from tourism in the Republic of Korea of Chinese group tourists, and signed the Roster containing an agreement following such negotiations (hereinafter referred to as the "Non-Roster 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 U.S. Guidelines for the Implementation of Exclusive Tour Services (hereinafter “instant Guidelines”) in order to designate and manage the “exclusive tour guide for attracting Chinese organizations and tourists” (hereinafter “exclusive tour guide”). D.

On December 31, 2010, the Plaintiff was established mainly for general travel business, etc., and was designated as exclusive travel agent from the Defendant, and was re-designated on December 5, 2013.

E. On March 28, 2016, the Defendant revoked the designation of an exclusive travel agent with less than 70 points as a result of the evaluation of 170 exclusive travel agents subject to the implementation of the 170 exclusive travel agent program, and 68 exclusive travel agents with more than 6 points at least due to an administrative disposition; hereinafter the Defendant applied the criteria for the 2016 renewal evaluation to the 2016 renewal evaluation.

The plaintiff on the same day.