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(영문) 서울행정법원 2017.07.07 2016구합79946
중국전담여행사 지정취소처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The People's Republic of China (hereinafter referred to as "China") implements a policy that allows foreign governments to enter into an agreement with them to control their own nationals in their tourist destinations outside their country and only those travel agents designated by such foreign governments to attract Chinese group tourists.

On May 198, 1998, China designated the Republic of Korea as "China's Voluntary Tourism State", and on June 1998 and June 27, 2000, the representative of China and the delegation of the Republic of Korea signed the 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-record 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 shall enter into a group tour contract with a subcontractor 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 International Tourist Operators” (hereinafter “instant Guidelines”) in order to designate and manage the “exclusive tour guide for attracting Chinese organizations and tourists” (hereinafter “The Guidelines”). D.

On January 28, 1991, the Plaintiff was established for the main purpose of arranging domestic and foreign travel business, etc., and was designated by the Defendant as the exclusive travel agent around February 2014.

E. On March 28, 2016, the Defendant’s evaluation of the 170 exclusive travel agency’s implementation of the exclusive travel agency’s renewal program on March 28, 2016 (hereinafter “2016 renewal evaluation”).

Pursuant to Section A, enterprises with less than 70 points of assessment and 68 enterprises with more than 6 points of assessment due to administrative disposition shall not be re-designated as exclusive travel agencies, and exclusive travel agencies for the remaining 102 enterprises, including the plaintiff.

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