2016. Revocation of revocation of the designation of a travelman exclusively in charge of attracting Chinese organizations and tourists

Seoul International Tour Corporation

The Minister of Culture, Sports and Tourism

Supreme Court Decision 2016Du37560 Decided July 27, 2016

August 30, 2016

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

The grounds for request for retrial shall be examined.

The plaintiff (hereinafter referred to as "the plaintiff") asserts that there are grounds for retrial under Article 451 (1) 8 and 9 of the Civil Procedure Act in the judgment subject to a retrial.

The term “when a judgment or any other judgment or administrative disposition, which forms the basis for a cause for a retrial under Article 451(1)8 of the Civil Procedure Act, has been altered by a different judgment or administrative disposition” means either a legally binding force, or a judgment or administrative disposition, which provides data for fact-finding at the final judgment, has been altered finally and retroactively by another judgment or administrative disposition (see, e.g., Supreme Court Decision 94Da33897, Nov. 1, 1994). Therefore, just because the first instance judgment, which is the same as the Plaintiff’s assertion, was rendered in a similar case, cannot be deemed as a ground for a retrial in the final judgment.

Furthermore, in a case where an argument on the grounds of appeal on the grounds of appeal is deemed to fall under a ground for non-speed of trial as prescribed by the Act on Special Cases concerning the Trial Procedure, it cannot be said that there was no omission of judgment on the grounds of appeal (see, e.g., Supreme Court Decision 95Nu176, Feb. 13, 1996). Therefore, it cannot be deemed that there was a ground for retrial under Article 451(1)9 of the Civil Procedure Act (when a judgment on important matters that may affect

Therefore, by the assent of all participating Justices, the request for retrial is dismissed, and the costs of retrial are assessed against the losing party. It is so decided as per Disposition.

Justices Kim In-bok

Justices Park Jae-hee in charge

Justices Park Young-young

Justices Kim Jong-il