1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation concerning this case is as stated in Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the addition of the judgment mentioned in paragraph (2) below, and therefore, this is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 4

2. Additional determination (this safety defense);

A. The gist of the defendant's main defense is that the plaintiff is merely a competitor B and does not have a direct interest in protecting the law that forms the basis of the disposition of this case, such as the Tourism Promotion Act, and there is no legal interest in seeking the cancellation of the disposition of this case

B. 1) Determination 1) Even if a third party, who is not the direct counter party to an administrative disposition, is legally protected by the administrative disposition, a person is entitled to obtain a decision of propriety by filing an administrative litigation seeking the revocation of the administrative disposition or the confirmation of invalidity thereof. However, the term "legally protected interests" refers to cases where there are individual, direct, and specific interests protected by the relevant laws and regulations and regulations. In general, in cases where the Act, which is the basis of the beneficial administrative disposition such as a license or authorization and permission, aims to prevent unreasonable management due to excessive competition among the pertinent enterprisers, it is for the purpose of preventing such unfair management among the pertinent enterprisers. In such cases, the existing business operator who is conducting a business after obtaining the same type of beneficial administrative disposition such as a license, authorization and permission, etc. from another business operator, is entitled to have standing to seek the revocation of the relevant administrative disposition even if it is not the counter party to the administrative disposition such as a license, authorization and permission, etc. granted to the relevant business operator (see, e.g., Supreme Court Decision 2008Du402.