전담여행사지정취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From the 1980s, the People's Republic of China (hereinafter referred to as "China") introduced a travel permission system (ADS, APV) that allows the Chinese government to designate a travel permitted area for group tourists in consultation with the government of each country in order to control the overseas tourism of its own citizens, and only the travel agents recommended by the country which entered into an agreement with China to attract Chinese group tourists (ADS, APV).
On May 2, 1998, China designated the Republic of Korea as the "China's Voluntary Tourism State", and on June 2, 1998 and June 27, 2000, the two delegations signed the agreement on implementation plans for various relevant issues arising from tourism of Chinese collective tourists to enter into the Roster (hereinafter "the Roster of this case").
B. 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.
C. On July 1998, the Defendant enacted the Guidelines for the Implementation of Exclusive Tour Services for Chinese Organization Tourist Invitation (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.
On August 4, 2010, the Plaintiff was established for the purpose of travel business, etc. and was designated as a exclusive travel agent by the Defendant on August 1, 2011.
E. The Defendant received the status of Chinese collective tourists entering, leaving, and leaving China from the Minister of Justice, on the ground that the quarterly average escape rate of Chinese collective tourists attracting by the Plaintiff during the second quarter of 2017 is 50.0% (19/38 persons) in the second quarter of 2017 and 30.4% in the third quarter of 2017 (14/46 persons), which is at least 1.0% (14 persons/46 persons), following the procedures for submitting opinions, etc. < Amended by Presidential Decree No. 28048, May 15, 2