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(영문) 서울고등법원 2017.08.24 2017누44512

전담여행사 지정취소처분 취소소송

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts that there is no dispute over the details of the disposition [based for recognition], entries in Gap evidence 1, 5, 7, 8, Eul evidence 1, 4, 21, 22, and the purport of the whole pleadings;

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 its foreign tourist destinations since the 1980s, and only those foreign governments recommended shall attract Chinese group tourists.

On May 198, 1998, China designated the Republic of Korea as "China's Voluntary Tourism State". On June 1998 and June 27, 2000, the delegation of the Republic of Korea and the representative of the China made negotiations on implementation plans for various relevant issues arising from tourism of Chinese group tourists, and signed the agreement following the negotiations (hereinafter referred to as "the non-member 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 must enter into a group tour contract with a subcontractor selected from among the travel agencies recommended by the Government of the Republic of Korea.

C. On July 1998, the Defendant enacted the “The Guidelines for the Implementation of Exclusive Tour Services for the Attraction of International Tourist Operators” (hereinafter “instant Guidelines”) in order to designate and manage the “exclusive tour guide for attracting Chinese organizations and tourists” (hereinafter “exclusive tour guide”) recommended to China in accordance with the instant visa.

The plaintiff was designated as a exclusive travel agent on December 5, 2013 as a company engaged in business such as overseas cultural exploration, study travel, overseas training, etc.

(15) The attraction results and (15) The total amount of capital (10 points) sales (5 points) Gad (15 points) Gad (15 points) electronic management system participation (15 points) price adequacy (20 points) 11 points.