The case holding that an application for re-permission of an exclusive licensee does not constitute a case where it is deemed especially necessary for obtaining foreign currencies.

The case reversing the judgment of the court below on the ground that the application for the renewal of the license of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of

Articles 5, 9, and 23 of the Regulation of Speculative Acts, etc. Act (amended by the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc., Act No. 4607 of December 27, 1993), Articles 3 subparagraph 3 and 4 of the Enforcement Decree of the Regulation of Speculative Acts, etc. Act (amended by the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc., Act No. 1435 of July 23, 1994)

Supreme Court Decision 92Nu4543 delivered on October 23, 1992 (Gong1992, 3307) Supreme Court Decision 92Nu18832 delivered on February 26, 1993 (Gong1993Sang, 1101) Supreme Court Decision 94Nu5410 delivered on August 23, 1994 (Gong194Ha, 2539)

Plaintiff

The Commissioner of Seoul Local Police Agency

Seoul High Court Decision 94Gu5245 delivered on December 13, 1994

The judgment below is reversed and the case is remanded to Seoul High Court.

The defendant's grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below held that since the above 3 US dollars 1 was authorized by the Governor of the Bank of Korea to deal with foreign currency exchange business, according to the standards of the Bank of Korea's own on the exchange authorization, it is impossible to install an exchange shop only for the hotel business within the hotel because it does not cause any separate authorization for each of the various ancillary facilities within the hotel, and therefore it is difficult to prove only the result of foreign exchange earnings for the hotel business within the hotel, it is difficult to attach a certificate of foreign exchange earnings to the above 9 US$ 1000, 7 US dollars 100, 9 US dollars 600, 9 US dollars 100, 9 US dollars 70, 900, 9 US dollars 60,000, 9 US dollars 10,000,0000,000 domestic hotel's 7,0000,0000 US dollars 10,000,000.

2. However, according to the records, the exchange performance of foreign guests of the above women's tourist hotel is merely about 1/4 to 1/5 of other hotels with the same grade, and the trend of decrease in the height of the above hotel is shown to be a trend of decrease. Furthermore, according to the facts duly determined by the court below, the exchange performance of the above hotel is not limited to the pertinent business establishment, but all the above hotel. In light of the above circumstances, it cannot be concluded that the application for renewal of the license of this case constitutes a case where it is deemed especially necessary for obtaining foreign currencies.

3. Nevertheless, the court below determined that the application for the renewal of the license of this case satisfies the requirements that it is deemed necessary in particular for obtaining foreign currencies on the grounds as stated in its holding. Therefore, the court below erred by misapprehending the legal principles on the requirements for the permission of the invested company under Article 5 of the Regulation of Speculative Acts, etc. Act and Article 3 of the Enforcement Decree of the same Act, or by misapprehending the rules of evidence,

4. Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices

Justices Shin Sung-sung (Presiding Justice)