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(영문) 서울고등법원 2017.09.15 2017누44529
중국전담여행사지정취소처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows. The court's explanation about this case is consistent with Articles 1 and 2 of the reasoning of the judgment of the court of first instance except for a change of 11 to 15 to 10 to the following Paragraph 2. Thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act, the main text of Article 420 of the Civil Procedure Act.

2. In light of the following circumstances acknowledged in light of the overall purport of the pleading in the modified part, even if the Defendant did not publish in advance the assessment standards for the renewal of the year 2016 to the exclusive travel agents, including the Plaintiff, the Defendant arbitrarily exercised its authority in rendering the instant disposition.

Therefore, it is difficult to view that the disposition of this case is in violation of Article 20 (1) of the Administrative Procedures Act, because it is difficult to say that the transparency and predictability of administration are not guaranteed.

The plaintiff's assertion on this part is without merit.

① The Defendant introduced a renewal program for exclusive travel agents, provided guidance to the exclusive travel agents on the evaluation criteria for the renewal program in 2013, which include “induceiveness, financial soundness, compliance with the legal system,” and “government policy response” as the evaluation items. In addition to the evaluation results of the renewal program in 2013, the Defendant announced that the results of attracting, product prices, administrative sanctions, history of sale of low-priced products, sales rate of high-priced products, etc. will be reflected in the evaluation of the renewal program conducted every two years.

On December 5, 2013, the Plaintiff was notified of the aforementioned announcement, along with the fact that the Plaintiff was re-designated as a exclusive travel agent in accordance with the renewal system.

② The assessment standard for the renewal system in 2016 is "induction, financial soundness, compliance with the legal system, and contribution to the development of the tourism industry". This is not much different from the assessment standard for the renewal system in 2013 or the standards prescribed in Article 3-2 of the 2013 Guidelines, and is merely a detailed assessment item.

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