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(영문) 서울행정법원 2016.12.09 2016구합64746
지정취소 처분 취소
Text

1. The Defendant’s revocation of designation against the Plaintiff on March 28, 2016 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The People's Republic of China (hereinafter referred to as "China") implements a policy that allows foreign governments to enter into an agreement with them to control their own nationals in their tourist destinations outside their country and only those travel agents designated by such foreign governments to attract Chinese group tourists.

On May 198, 1998, China designated the Republic of Korea as "China's Voluntary Tourism State," and on June 6, 1998 and June 27, 2000, China's tourism-related ministries and the Defendant made negotiations on implementation plans for various related issues arising from the tourism of the Republic of Korea by Chinese collective tourists, and signed on a copy of the visa containing an agreement following the negotiations.

(hereinafter referred to as “the instant protocol”). B.

According to the records of this case, China had travel agencies in its country take full charge of the organization tourism business of the Republic of Korea of Chinese nationals, and these travel agencies selected a collaborative company from among travel agencies recommended by the Government of the Republic of Korea and concluded a collective tourist invitation contract.

C. The Defendant’s guidelines for the implementation of exclusive travel business for attracting Chinese organizations and tourists (hereinafter “instant guidelines”) as set out in the Round of this case.

(1) The Chinese organization tourer (hereinafter referred to as "exclusive tourer") shall be established and accordingly the "exclusive tourer" (hereinafter referred to as "exclusive tourer").

(D) A designated and managed the Plaintiff. The Plaintiff was incorporated on July 30, 2004 with the primary purpose of arranging domestic and foreign travel businesses and general travel business, and was re-designated as exclusive travel agents by the Defendant on December 5, 2013. E. On March 28, 2016, the Defendant notified the Plaintiff that the designation of exclusive travel agents was revoked by applying Article 3-2 of the instant Guidelines on the ground that “the Plaintiff received less than 70 points, which are the renewal base points.” (hereinafter “instant disposition”).

(ii) [based on recognition] unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 4, 5, 23 (including relevant numbers), the purport of the whole pleadings.

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