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(영문) 서울행정법원 2017.05.12 2017구합50478
중국 전담여행사 지정취소처분 취소청구
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 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 the "China's Voluntary Tourism State", and on June 6, 1998 and June 27, 2000, China's delegation and Korea's representative negotiated negotiations on implementation plans for various relevant issues arising from tourism in the Republic of Korea of Chinese group tourists, and signed the Roster containing an agreement following such negotiations (hereinafter referred to as the "Non-Roster of this case").

B. According to the records of this case, China shall select a travel agency in its own country and have it take full charge of the organization tourism affairs of the Republic of Korea of Chinese nationals, and these travel agencies shall enter into a group tour contract with a cooperator selected from among the travel agencies recommended by the Korean government.

C. On July 1998, the Defendant enacted the U.S. Guidelines for the Implementation of Exclusive Tour Services (hereinafter “instant Guidelines”) in order to designate and manage the “exclusive tour guide for attracting Chinese organizations and tourists” (hereinafter “exclusive tour guide”). D.

On November 11, 2011, the Plaintiff was established mainly for the general travel business and overseas travel business. On November 18, 2011, the Plaintiff registered the general travel business to the head of Seodaemun-gu under Article 4(1) of the Tourism Promotion Act, and was designated as the exclusive travel agent by the Defendant, and was re-designated as the exclusive travel agent on December 5, 2013.

E. On March 28, 2016, the Defendant’s evaluation of the 170 exclusive travel agency’s implementation of the exclusive travel agency’s renewal program on March 28, 2016 (hereinafter “2016 renewal evaluation”).

The total amount of 68 enterprises with less than 70 points and at least 6 points due to administrative disposition.

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