Cases
2016 Abia 10520 Suspension of Execution
Applicant
Limited Liability Company*
Respondent
The Minister of Culture, Sports and Tourism
Date of decision
April 8, 2016
Text
1. On March 28, 2016, a disposition to revoke the designation of a tourman exclusively in charge of attracting Chinese organizations and tourists against an applicant on March 28, 2016 shall be suspended until May 31, 2016.
2. The applicant's remaining requests are dismissed.
Purport of application
On March 28, 2016, the Seoul Administrative Court 2016Guhap58963 decided on March 28, 2016 on the revocation of the designation of the travel agent exclusively in charge of attracting tourists in China shall suspend the execution until the judgment of the Seoul Administrative Court is rendered.
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 May 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