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(영문) 서울고등법원 2014.11.26 2014누41635
시정명령 등 처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s status refers to a virtual place of business established to trade goods, etc. using computers, information and communications facilities, etc.

(Article 2 subparag. 4 of the Electronic Commerce Act). The online travel agent who provides information on the sale of travel products throughout the e-commerce and sells travel products with consumer orders, and falls under a mail order distributor as defined in Article 2 subparag. 3 of the Act on the Consumer Protection in Electronic Commerce, Etc. (hereinafter “Electronic Commerce Act”).

B. The rate of air fares included in the price of overseas travel goods is generally divided into 1) basic fares, 2) fuel surcharges, which are the sum of the amount additionally imposed by airlines to compensate for losses caused by increase in oil prices, 3) air fares, other domestic and foreign airport facilities charges, war insurance premiums, tourism promotion funds, etc. The airlines shall indicate and publish the fuel surcharges by air routes applicable in the following month at the 16th day of each month, and the fuel surcharge for each flight shall be claimed to consumers in the amount converted into KRW 100. The rate of exchange applied to each ticket shall vary depending on the base rate of exchange. The travel agents may verify the total amount of fuel surcharge determined by airlines through the computer reservation system and the total amount of air freight charges, including passenger freight charges, and passenger freight charges, which shall be partially amended by Presidential Decree No. 2545, Jul. 14, 2014; and most air freight users shall be required to provide information on air freight charges, including air freight charges and air freight charges.

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