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(영문) 서울행정법원 2017.04.06 2016구합58604
중국전담여행사지정취소처분 취소
Text

On March 28, 2016, the Defendant revoked the revocation of the designation of the exclusive travel agent in China against the Plaintiff.

The costs of lawsuit.

Reasons

1. Details of the disposition;

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 a tourist destination outside its country and only the travel agents designated by that foreign government shall attract Chinese group tourists.

On May 198, 1998, China designated the Republic of Korea as "China's Voluntary Tourism State", and on June 6, 1998 and June 27, 2000, the delegation of China and the delegation of Korea signed the negotiation on implementation plans for various relevant issues arising from tourism of Chinese group tourists, and signed the agreement following the negotiation (hereinafter referred to as "the non-record 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 “The Guidelines for the Implementation of Exclusive Tour Services for the Attraction of Peoples of China” (hereinafter “instant Guidelines”) in order to designate and manage “The Exclusive Tour for the Attraction of Peoples of China” (hereinafter “The Guidelines”).

The Plaintiff was designated as the exclusive travel agent on August 2010 and was re-designated as the exclusive travel agent on December 5, 2013 after the Plaintiff was engaged in general travel business, foreign travel agency business, etc.

E. On March 28, 2016, the Defendant issued a notice that the designation of the exclusive travel agent was revoked (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff received 61 points less than 70 points that the standard points for the renewal of exclusive travel agent, as a result of the review of the renewal system of exclusive travel agent in accordance with the instant guidelines.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3, 5, Eul evidence Nos. 1, 22, and 25 (including branch numbers; hereinafter the same shall apply).

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