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(영문) 서울행정법원 2016.5.11.자 2016아10807 결정
집행정지
Cases

2016 Abia 10807 Suspension of Execution

Applicant

Co. Ltd.*

Respondent

The Minister of Culture, Sports and Tourism

Date of decision

May 11, 2016

Text

1. On March 28, 2016, a disposition to revoke the designation of a Chinese organization tourr exclusively in charge of attracting tourists against an applicant on March 28, 2016 shall suspend its effect until August 31, 2016.

2. The applicant's remaining requests are dismissed.

Purport of application

On March 28, 2016, the disposition of the respondent to revoke the designation of the Chinese organization tourr exclusively in charge of attracting tourists shall suspend its effect until the 30th day from the date of the ruling of the 2016Guhap62566 of this Court.

Reasons

Since an administrative disposition has fairness pursuant to Article 23(1) of the Administrative Litigation Act, even if a lawsuit seeking revocation is filed, the validity of the disposition shall not be affected. However, only exceptional cases where urgent need exists to prevent irrecoverable damage caused by the enforcement of the disposition pursuant to Article 23(2) can be suspended to the extent necessary. Therefore, prior to the issuance of the disposition stated in the order, the applicant shall decide to suspend the execution until August 31, 2016 to grant the minimum time necessary for the back management of the contract already entered into as an exclusive position for attracting Chinese organization tourists.

Judges

Judgment of the presiding judge;

Judges Kim Jong-Un

Judges Kim Tae-won

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