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CRUISE INDUSTRY DEVELOPMENT AND SUPPORT ACT

Act No. 13192, Feb. 3, 2015

Amended by Act No. 14352, Dec. 2, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters necessary to develop and support the cruise industry, thereby contributing to the healthy development of the national economy by creating the foundation for the cruise industry and strengthening the competitiveness thereof.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "cruise ship" means any Korean-flagged cruise ship and foreign-flagged cruise ship;
2. The term "Korean-flagged cruise ship" means any ship prescribed by Presidential Decree, used for cruise passenger transportation services under subparagraph 5 of Article 3 of the Marine Transportation Act and for combined marine passenger transportation services under subparagraph 6 of the aforesaid Article;
3. The term "foreign-flagged cruise ship" means any ship which any person approved or licensed to conduct related business from a foreign government uses for the relevant business, which is a foreign ship corresponding to a Korean-flagged cruise ship;
4. The term "international cruise ship" means any Korean-flagged cruise ship that operates mainly on a route between a Korean port and a foreign port or between a foreign port and another foreign port;
5. The term "cruise industry" means the industry adding value through goods and services related to cruise ships and passengers;
6. The term "cruise facilities" means harbor facilities under subparagraph 5 of Article 2 of the Harbor Act, necessary for the berthing of cruise ships and passengers’ use thereof;
7. The term "Korean-flagged cruise ship operator" means any person prescribed by Presidential Decree, licensed to provide cruise passenger transportation services and licensed to provide combined marine passenger transportation services pursuant to Article 4 of the Marine Transportation Act;
8. The term "calling at a port" means where a cruise ship calls at a specific port for a short time for the purpose of tourism, etc.
 Article 3 (Responsibility of the State and Local Governments)
(1) The State and local governments shall formulate and implement a comprehensive policy to develop the cruise industry.
(2) The State and local governments shall prepare a plan for administrative and financial support necessary to create the foundation for the cruise industry.
 Article 4 (Relationship to other Acts and Subordinate Statutes)
Except as otherwise expressly provided for in other statutes, this Act shall apply to the development of the cruise industry.
CHAPTER II FORMULATING, ETC. MASTER PLAN FOR DEVELOPMENT OF CRUISE INDUSTRY
 Article 5 (Formulation, etc. of Master Plan for Development of Cruise Industry)
(1) Every five years, the Minister of Oceans and Fisheries shall formulate and implement a master plan to develop the cruise industry (hereinafter referred to as "master plan") to develop the cruise industry systemically and efficiently, as prescribed by Presidential Decree.
(2) A master plan shall include the following:
1. Basic direction-setting for the development of the cruise industry;
2. Analysis of trends in the cruise industry;
3. Means to create the foundation to revitalize the cruise industry;
4. Means to strengthen the competitiveness of the cruise industry;
5. Means to train professionals for the cruise industry;
6. Means to expand investment for the development of the cruise industry;
7. Means to attract international events, etc. related to the cruise industry;
8. Means to increase foreign-flagged cruise ship calls at Korean ports;
9. Means to cooperate in the cruise industry among countries;
10. Other matters necessary to develop the cruise industry.
(3) Where the Minister of Oceans and Fisheries intends to formulate or amend a master plan, he/she shall first consult with the heads of relevant central administrative agencies and hear opinions of the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"): Provided, That the foregoing shall not apply where he/she intends to amend any insignificant matters prescribed by Presidential Decree.
(4) Where the Minister of Oceans and Fisheries formulates or amends a master plan, he/she shall immediately notify the heads of relevant central administrative agencies and the Mayors/Do Governors of the master plan formulated or amended.
(5) A master plan shall be deemed a plan in the field of the cruise industry among long-term plans to develop the marine transportation industry under Article 37 of the Marine Transportation Act.
 Article 6 (Formulation and Implementation of Action Plan for Development of Cruise Industry)
In consideration of the trends in the cruise industry, the Minister of Oceans and Fisheries shall formulate and implement an annual action plan to develop the cruise industry (hereinafter referred to as "action plan") within the scope of the relevant master plan.
 Article 7 (Cooperation with Relevant Agencies, etc.)
Where the Minister of Oceans and Fisheries deems it necessary to formulate a master plan and action plan, he/she may request the heads of relevant central administrative agencies; the heads of local governments; the heads of public institutions; relevant organizations, etc. to provide necessary data. In such cases, the heads of relevant central administrative agencies, etc. requested shall comply with such request, except in extenuating circumstances.
CHAPTER III SUPPORT FOR DEVELOPMENT OF CRUISE INDUSTRY
 Article 8 (Lending, etc. of Public Property)
(1) Where a local government deems it necessary to attract the home port of Korean-flagged cruise ships in its jurisdiction, it may lend public property to a cruise ship operator, or allow the cruise ship operator to use or profit from public property, by method of free contract or without compensation; or may transfer other commodities to the cruise ship operator or allow the cruise ship operator to use such commodities without compensation to the extent not interfering with the purpose of public property.
(2) The Public Property and Commodity Management Act shall apply to the details and conditions of the lending and use of, and profitting from, public property under paragraph (1).
 Article 9 (Special Exceptions to Immigration Act)
Notwithstanding Articles 8 and 10 of the Immigration Act, the Minister of Justice may prescribe different procedures for the issuance of visas and the upper limit of the period of stay that may be granted at a time to foreign crew members and foreign employees of international cruise ships departing from a Korean port and entering a Korean port, in consultation with the Minister of Oceans and Fisheries.
 Article 10 (Lending, etc. Money from Tourism Promotion and Development Fund)
The Minister of Culture, Sports and Tourism may subsidize or lend money to programs to secure or repair Korean-flagged cruise ships; to promote cruise tourism; and to attract cruise tourists; from the Tourism Promotion and Development Fund under the Tourism Promotion and Development Fund Act.
 Article 11 (Special Exceptions to License, etc. to Operate Casino under Tourism Promotion Act)
(1) Notwithstanding Article 21 of the Tourism Promotion Act, the Minister of Culture, Sports and Tourism may grant a license to an international cruise ship operator meeting all of the following requirements, to operate a casino under Article 3 (1) 5 of the aforesaid Act, to strengthen the competitiveness of the international cruise ship:
1. It shall be an international cruise ship prescribed by this Act, whose international gross tonnage provided for in Article 3 (1) 1 of the Ship Act, shall be at least 20,000 tons;
2. It shall meet requirements prescribed by Presidential Decree, such as the credit standing of the international cruise ship operator.
(2) Any person who intends to obtain a license to operate a casino under paragraph (1) shall file an application for license with the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree.
(3) Matters restricted in relation to the operation of a casino in an international cruise ship (including the prohibition on operating casinos within the Korean territorial waters under the Territorial Sea and Contiguous Zone Act), and necessary matters concerning casino facility standards and the upper limit of the floor area of a casino shall be prescribed by Presidential Decree.
(4) Where any person licensed under paragraph (1) falls under any of the following, the Minister of Culture, Sports and Tourism shall revoke such license:
1. Where he/she fails to comply with matters restricted in relation to the operation of the casino under paragraph (3);
2. Where he/she closes his/her cruise passenger transportation services or combined marine passenger transportation services pursuant to Article 18 of the Marine Transportation Act;
3. Where a license to provide cruise passenger transportation services or a license to provide combined marine passenger transportation services is revoked pursuant to Article 19 of the Marine Transportation Act.
(5) No person licensed under paragraph (1) shall entrust the permitted casino business to another person: Provided, That the foregoing shall not apply to any casino business with a floor area of facilities and amenities not exceeding the floor area of facilities and amenities prescribed by Presidential Decree. In such cases, no person who intends to be entrusted with the casino business shall cause disqualification under Article 22 of the Tourism Promotion Act.
(6) Any person entrusted with the casino business pursuant to the proviso to paragraph (5) shall be deemed equivalent to the position of a casino operator under the Tourism Promotion Ac; and any person licensed under paragraph (1) shall take joint responsibility for any conduct by a person entrusted with the casino business.
(7) Notwithstanding Article 8 of the Tourism Promotion Act, no person who has obtained a license pursuant to paragraph (1) shall transfer the casino business: Provided, That where he/she succeeds to operating passenger transportation services due to the death of a passenger transportation business operator or the merger of corporations under Article 17 of the Marine Transportation Act, he/she may succeed to the casino business.
(8) Where a person who has succeeded to the operation of passenger transportation services pursuant to the proviso to paragraph (7) reports such succession, the Minister of Oceans and Fisheries shall immediately notify the Minister of Culture, Sports and Tourism, Sports of such succession.
(9) In addition to matters provided for in this Act, the Tourism Promotion Act shall apply to a license for the casino business, matters with which a casino operator must comply, payment to the Tourism Promotion and Development Fund, penal provisions, etc.
 Article 12 (Support for Overseas Marketing, etc.)
The Minister of Oceans and Fisheries and the Mayors/Do Governors may provide support for programs for overseas marketing and advertising activities to increase foreign-flagged cruise ship calls at Korean ports.
 Article 13 (Training, etc. of Professionals for Cruise Industry)
(1) The Minister of Oceans and Fisheries may formulate and implement a policy on the following to train professionals necessary to develop the cruise industry in a systematic manner, and to improve their ability and quality:
1. A program to train professionals for the cruise industry;
2. Education, training, and study and training of people who engage in the cruise industry;
3. Development and supply of educational programs and teaching materials related to the cruise industry.
(2) For the training of professionals under paragraph (1), the Minister of Oceans and Fisheries may designate the following institutions as institutions training professionals for the cruise industry, as prescribed by Presidential Decree:
1. Schools which establish and operate curriculums related to the cruise industry, among the schools under the subparagraphs of Article 2 of the Higher Education Act;
2. Research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;
3. Public institutions related to the cruise industry, among the institutions under Article 4 of the Act on the Management of Public Institutions;
4. The Korea Cruise Industry Association established pursuant to Article 15 or nonprofit corporations which perform affairs related to the development of the cruise industry, established pursuant to respective Acts;
5. Nonprofit corporations which perform affairs related to developing the cruise industry, incorporated pursuant to Article 32 of the Civil Act;
6. Other institutions prescribed by Ordinance of the Ministry of Oceans and Fisheries, which are institutions specialized in the ocean.
(3) The Minister of Oceans and Fisheries may fully or partially subsidize necessary expenses to institutions training professionals for the cruise industry designated pursuant to paragraph (2), as prescribed by Presidential Decree.
(4) Where any institution training professionals falls under any of the following subparagraphs, the Minister of Oceans and Fisheries may cancel the designation or order suspension of operation within a set period not exceeding six months, as prescribed by Presidential Decree: Provided, That in cases of paragraph 1, the designation shall be cancelled: <Newly Inserted by Act No. 14352, Dec. 2, 2016>
1. Where the designation was obtained by fraud or other wrongful means;
2. Where the any requirement for designation is no longer fulfilled;
3. Where the institution fails to start training professionals or delays it without good cause;
4. Where the institution fails to conduct any training of professionals throughout at least one year without good cause;
5. Where the institution uses the expenses subsidized under paragraph (3) for other purposes.
(5) Where cancelling the designation pursuant to paragraph (4), the Minister of Oceans and Fisheries shall hold hearings in accordance with the Administrative Procedures Act. <Newly Inserted by Act No. 14352, Dec. 2, 2016>
 Article 14 (Promotion, etc. of Employment of Professionals for Cruise Industry)
(1) The Minister of Oceans and Fisheries and the Mayors/Do Governors may formulate and implement a necessary policy, such as the provision of information, to promote the employment of professionals for the cruise industry.
(2) The Minister of Oceans and Fisheries and the Mayors/Do Governors may recommend Korean-flagged cruise ship operators to increase employing professionals for the cruise industry.
 Article 15 (Establishment, etc. of Korea Cruise Industry Association)
(1) Korean-flagged cruise ship operators, research institutes and educational institutions related to the cruise industry, and other persons prescribed by Ordinance of the Ministry of Oceans and Fisheries may incorporate the Korea Cruise Industry Association (hereinafter referred to as the "Association") with the approval of the Minister of Oceans and Fisheries for the healthy development of the cruise industry.
(2) The Association shall be a corporation.
(3) The Association shall conduct the following activities:
1. Collecting and managing information, such as the status of the cruise industry both in Korea and abroad;
2. Researching and studying policies and systems concerning the cruise industry;
3. Education, training, and study and training of people who engage in the cruise industry;
4. Advertising on the cruise industry;
5. Activities prescribed by the articles of incorporation of the Association, incidental to activities under subparagraphs 1 through 4.
(4) The articles of incorporation of the Association shall be approved by the Minister of Oceans and Fisheries, and the foregoing shall apply where the Association intends to amend the articles of incorporation.
(5) Matters to be mentioned in the articles of incorporation, and matters necessary to operate, etc. the Association shall be prescribed by Presidential Decree.
(6) Except as otherwise expressly provided for in this Act, the provisions of the Civil Act regarding the incorporated association shall apply mutatis mutandis to the Association.
 Article 16 (Financial Support, etc.)
The State and local governments may implement necessary measures, such as financial support, for public institutions, relevant organizations including the Association, and Korea-flagged cruise ship operators so that they may strengthen and develop the competitiveness of the cruise industry and efficiently implement programs under a master plan and action plan.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 17 (Reporting, Inspection, etc.)
(1) Where necessary for supervision, the Minister of Oceans and Fisheries may require the Association, cruise ship operators, and other relevant persons to submit a report or data on its or his/her business, and may require any public official under his/her jurisdiction to access its or his/her office, place of business, or other necessary places to examine books, documents, or other articles, or to inquire into interested persons.
(2) Any public official who intends to access or make examinations or inquiries pursuant to paragraph (1) shall carry an identity certificate indicating his/her authority and present it to interested persons.
 Article 18 (Delegation and Entrustment)
(1) The Minister of Oceans and Fisheries may delegate part of his/her authority under this Act to the Director General of a Regional Office of Oceans and Fisheries, as prescribed by Presidential Decree.
(2) The Minister of Oceans and Fisheries may entrust part of his/her duties under this Act to the Association established pursuant to this Act or a port authority established pursuant to the Port Authority Act.
 Article 19 (Legal Fiction of Public Officials in Application of Penal Provisions)
Any person who engages in business entrusted pursuant to Article 18 (2) shall be deemed a public official for the purpose of the penal provisions prescribed in Articles 127 and 129 through 132 of the Criminal Act.
CHAPTER V PENAL PROVISIONS
 Article 20 (Administrative Fines)
(1) Any person who fails to submit a report or data under Article 17 (1); or makes a false report or submits false documents; or refuses, interferes with, or evades access or examination, shall be punished by an administrative fine not exceeding two million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree.
ADDENDUM <Act No. 13192, Feb. 3, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14352, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation.