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(영문) 서울고등법원 2018.03.30 2017누77048

중국전담여행사 지정취소처분 취소청구

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is as stated in the reasoning of the judgment of the court of first instance, except for the following determination as to the matters alleged by the plaintiff at the court of first instance, and thus, citing this as is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

【Supplementary Decision】

A. The gist of the Plaintiff’s assertion is that the Plaintiff is a travel company specializing in attracting Chinese-China-Korean cruise group tourists, and the general travel company is different from its revenue structure, and thus, when examining the price adequacy of the unit price per tour per tour operator at the time of reviewing the re-designation, the instant disposition assessed on the same basis is unlawful by abusing and abusing discretion, notwithstanding the fact that the Plaintiff’s cruise event and the general travel company, such as the Plaintiff, should be assessed on different standards.

B. Determination 1) The Plaintiff received less than 66 points below 70 points, which are the standard points for the renewal of exclusive tour operators in China, and revoked the designation of exclusive tour operators for Chinese organizations. The allocation points of price consistency items among the criteria for the renewal of exclusive tour operators in China, among 20 points (10 points in 2014, 10 points in 2015), the Plaintiff received four points in the above item. The Plaintiff, mainly, did not distinguish the exercise of exclusive tour operators and other events exclusively for other tourists, such as the Plaintiff, and did not distinguish the exercise of exclusive tour operators and other events exclusively for other tourists. 2) In the case of a cruise tour operator for a cruise group tourist, most of the expenses at the port of the travel are against the travel street cost and transportation expenditure, and if the price increase based on additional reduction due to the price reduction in addition to the travel street cost and transportation expenses, etc., the amount of the expenses at the port of the cruise group will vary depending on the same price increase.