중국전담여행사 지정취소처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The People's Republic of China (hereinafter referred to as "China") implements a policy to attract and contact its group tourists only by a travel agent designated by the other country's government in any tourist destination other than its country;
B. On June 2, 1998 and June 27, 2000, as China designates the Republic of Korea as a “China’s country of free-to-tourism,” the delegation of Korea and China signed a visa containing the results of the negotiations (hereinafter “the visa of this case”).
C. According to the records of this case, China shall select its travel agencies and have them take full charge of the organization tourism business of the Republic of Korea of Chinese nationals, and these travel agencies must enter into a collective tourist invitation contract by finding the cooperative among the travel agencies recommended by the Government of the Republic of Korea.
On July 1998, the Defendant enacted the “The Guidelines for the Implementation of the Exclusive Tour Services for the Attraction of Chinese Organization Tourist (hereinafter “instant Guidelines”) to designate, guide and supervise the “The Exclusive Tourer for the Attraction of Chinese Organization Tourist” (hereinafter “The Guidelines”) recommended to China in accordance with the instant Round.
E. On November 22, 2004, the Plaintiff was established for the purpose of attracting foreign tourists and transmitting foreign tourists to foreign tourists, and was designated as a exclusive travel agent around 2008.
F. On April 5, 2019, the Defendant notified the Plaintiff on the ground that “the Plaintiff lent the name of the exclusive travel agent to B tourers, a non-designated general travel agent, and carried out the duties of attracting Chinese group tourists,” and revoked the designation of the exclusive travel agent for the Plaintiff as of June 4, 2019 pursuant to Article 11(3)2 and (4) of the instant Guidelines on the same ground as of May 7, 2019.
(hereinafter referred to as “instant disposition”). [The ground for recognition] does not dispute;