TOURISM PROMOTION ACT
Wholly Amended by Act No. 8343, Apr. 11, 2007
Amended by Act No. 8531, Jul. 19, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8819, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9005, Mar. 28, 2008
Act No. 9097, jun. 5, 2008
Act No. 9432, Feb. 6, 2009
Act No. 9527, Mar. 25, 2009
Act No. 10112, Mar. 17, 2010
Act No. 10219, Mar. 31, 2010
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10556, Apr. 5, 2011
Act No. 10599, Apr. 14, 2011
Act No. 10801, jun. 15, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12406, Mar. 11, 2014
Act No. 12689, May 28, 2014
Act No. 13127, Feb. 3, 2015
Act No. 13300, May 18, 2015
Act No. 13594, Dec. 22, 2015
Act No. 13726, Jan. 6, 2016
Act No. 13958, Feb. 3, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14525, Jan. 17, 2017
Act No. 14623, Mar. 21, 2017
Act No. 15058, Nov. 28, 2017
Act No. 15436, Mar. 13, 2018
Act No. 15530, Mar. 27, 2018
Act No. 15636, jun. 12, 2018
Act No. 15860, Dec. 11, 2018
Act No. 16051, Dec. 24, 2018
Act No. 16684, Dec. 3, 2019
Act No. 16902, Jan. 29, 2020
Act No. 17091, Mar. 24, 2020
Act No. 17399, jun. 9, 2020
Act No. 17704, Dec. 22, 2020
Act No. 17689, Dec. 22, 2020
Act No. 17761, Dec. 29, 2020
Act No. 17814, Dec. 31, 2020
Act No. 18009, Apr. 13, 2021
CHAPTER I GENERAL PROVISIONS
The purposes of this Act are to contribute to promoting tourism by creating an environment favorable to tourism, developing resources for tourism, and fostering the tourism industry.
The terms used in this Act are defined as follows: <Amended on Jul. 19, 2007; Apr. 5. 2011; May 28, 2014>
| 1. | The term "tourism business" means the business of providing tourists with transportation, lodging, meals, sports, amusement, recreation, or other services, or making any facility available to tourists in connection with tourism; |
| 2. | The term "tourism business operator" means a person who has completed registration, has obtained permission or designation (hereinafter referred to as "registration, etc."), or has filed a report to run a tourism business; |
| 3. | The term "package tour" means a trip for which a person who runs a travel business prepares a program for prospective travelers who desire to travel overseas, including the destinations and itinerary of the trip, and the details of and fares for transportation, accommodation, and other services provided to such travelers, and operates such program by inviting prospective travelers to participate in the program; |
| 4. | The term "member" means a person who has made an agreement with a tourism business operator (including any person who has obtained approval of his or her business plan under Article 15 (1) and (2)) to use any tourism facility preferentially or under more favorable conditions than those for ordinary users; |
| 5. | The term "co-owner" means a person who holds title of a tourism facility of a tourism business operator (including those who have obtained approval of his or her business plan under Article 14 (1) and (2)) by lot in sole or joint ownership; |
| 6. | The term "tourist destination" means a place designated under this Act where natural or cultural resources for tourism are available and basic conveniences for tourists have also been made available; |
| 7. | The term "tourism complex" means an area designated as a base for tourism pursuant to this Act, in which diverse tourist facilities are or shall be developed comprehensively for various types of tourism and relaxation of tourists; |
| 8. | The term "private developer" means a private individual or a legal entity established under the Commercial Act or the Civil Act, who intends to develop a tourism complex; |
| 9. | The term "development plan" means a plan for development and management of tourist facilities necessary for enhancing the protection and use of a tourist destination or tourism complex; |
| 10. | The term "support facilities" means facilities installed inside and outside a tourist destination or tourism complex necessary for operating, or maintaining the tourist destination or tourism complex and for facilitating the functions of such tourist destination or tourism complex; |
| 11. | The term "special tourist zone" means an area designated pursuant to this Act as one exempted or granted leniency from regulations under any statute or regulation related to tourism activities and in which it is required to apply endeavors to develop an environment for tourism, such as services, information systems, and public relations, relating to tourism activities in order to facilitate the attraction of foreign tourists; |
| 11-2. | The term “tour voucher” means a certificate which states the value or quantity thereon (including recording by electronic or magnetic means; hereinafter the same shall apply) so that people excluded from tourism may engage in tourism activities using it; |
| 12. | The term “culture and tour guide” means a person who provides expert explanations about tourism resources, such as history, culture, arts, and nature, to provide tourists with better opportunities to understand, appreciate, and experience such tourism resources. |
CHAPTER II TOURISM BUSINESS
SECTION 1 Common Provisions
| Article 3 (Types of Tourism Businesses) |
| (1) | Tourism businesses shall be classified as follows: <Amended on Jul. 19, 2007; Feb. 3, 2015> |
| 1. | Travel business: The business of acting as an agent for travellers or business operators of means of transportation, accommodation, or other facilities incidentally required in travelling to provide them with services of arranging the use of such facilities, vicariously signing contracts, or furnishing them with travel information and other convenience for travel; |
| 2. | Tourist accommodation business: Any of the following businesses: |
| (a) | Hotel business: The business of providing and operating facilities suitable for the accommodation of tourists, or other facilities for meals, sports, recreation, relaxation, performances, or training programs along with accommodation; |
| (b) | Resort condominium business: The business of operating facilities suitable for accommodation and cooking for tourists to provide its members, co-owners, or other tourists with such facilities, or operating facilities for meals, sports, recreation, relaxation, performances, or training programs to provide them with such facilities along with accommodation; |
| 3. | Tourist-use facility business: Any of the following businesses: |
| (a) | The business of operating facilities suitable for meals, sports, recreation, relaxation, cultural activities or arts, leisure activities, etc. for use by tourists; |
| (b) | The business of providing and operating at least two different types of facilities as specified by Presidential Decree, along with facilities for tourist accommodation, etc. (hereinafter referred to as "tourist accommodation") for use by members or other tourists; |
| (c) | Campground business: The business of enabling tourists to use campgrounds that offer camping facilities (excluding a youth campground prescribed in subparagraph 1 (e) of Article 10 of the Juvenile Activity Promotion Act) with facilities, amenities, etc. suitable for camping; |
| 4. | International conference business: The business of operating facilities installed properly for holding international conventions (including seminars, forums, and exhibitions; hereinafter the same shall apply) with a capacity to create demand for large-scale tourism, or acting as an agent for vicariously executing commissioned business affairs related to planning, preparing, proceeding with international conventions; |
| 5. | Casino business: The business of operating an exclusive business facility in which certain players make a profit while other players sustain a loss as a consequence of probabilities, playing with specific instruments, such as dice, cards, and slot machines; |
| 6. | Amusement facility business: The business of operating facilities or machines installed for amusement or games for use by tourists (including a business of operating facilities or machines installed for amusement or games for the purpose of attracting tourists or running advertisements, etc., while conducting other businesses); |
| 7. | Tourist convenience facility business: The business of implementing any project, or operating any facility, deemed capable of contributing to the promotion of tourism, except the tourism businesses defined under subparagraphs 1 through 6. |
| (2) | The tourism businesses defined under paragraph (1) 1 through 4, and 6 and 7 may be sub-classified, as prescribed by Presidential Decree. |
| (1) | A person who intends to engage in travel business, tourist accommodation business, tourist facilities business, and international conference business prescribed in Article 3 (1) 1 through 4 shall register such business with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Amended on Mar. 25, 2009; Jun. 12, 2018> |
| (2) | Deleted. <Mar. 25, 2009> |
| (3) | A person who intends to register a business in accordance with paragraph (1) shall have the capital, facilities, equipment, etc., as prescribed by Presidential Decree. <Newly Inserted on Jul. 19, 2007; Mar. 25, 2009> |
| (4) | A person who intends to change any description registered in accordance with paragraph (1) and specified as a material fact by Presidential Decree shall make a registration for change. <Amended on Jul. 19, 2007; Mar. 25, 2009> |
| (5) | Matters necessary for procedures for the registration or registration for change prescribed in paragraphs (1) and (4) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Jul. 19, 2007; Feb. 29, 2008; Mar. 25, 2009> |
| Article 5 (Permission and Reporting) |
| (1) | Any person who intends to operate a casino business prescribed in Article 3 (1) 5 shall have facilities and machines, including an exclusive business facility, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and obtain permission from the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (2) | A person who intends to engage in amusement facility business prescribed by Presidential Decree, among amusement facility business prescribed in Article 3 (1) 6, shall have facilities and equipment prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and obtain permission from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Feb. 29, 2008; Jun. 5, 2008; Jun. 12, 2018> |
| (3) | A person who intends to change any matter permitted pursuant to paragraph (1) or (2) and specified as a material fact by Ordinance of the Ministry of Culture, Sports and Tourism shall obtain permission to make such change: Provided, That a person who intends to make a minor change shall file a report on such change. <Amended on Feb. 29, 2008> |
| (4) | A person who intends to engage in an amusement facility business, other than amusement facility businesses specified by Presidential Decree pursuant to paragraph (2), shall have facilities and equipment prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and file a report thereon to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. The foregoing shall also apply where such person intends to change any important matter prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Jun. 5, 2008; Jun. 12, 2018> |
| (5) | Upon receipt of a report on change prescribed in the proviso of paragraph (3) or a report or report on change prescribed in paragraph (4), the Minister of Culture, Sports and Tourism, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall review the relevant report and accept it if it complies with this Act. <Newly Inserted on Jun. 12, 2018> |
| (6) | Matters necessary for the procedures, etc. for permission and reporting under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Jun. 12, 2018> |
| (1) | A person who intends to engage in a tourist convenience facility business prescribed in Article 3 (1) 7 shall receive designation from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Jul. 19, 2007; Feb. 29, 2008; Mar. 25, 2009; Nov. 28, 2017; Jun. 12, 2018> |
| (2) | A person who intends to be designated as a tourist convenience facility business prescribed in paragraph (1) shall meet the standards determined by Ordinance of the Ministry of Culture, Sports and Tourism, such as facilities suitable for the use of tourists or guide service in a foreign language. <Newly Inserted on Nov. 28, 2017> |
| Article 7 (Grounds for Disqualification) |
| (1) | Neither of the following persons shall be qualified for registration as a tourism business or for filing a report thereon, nor may he or she obtain approval of a business plan prescribed in Article 15 (1) and (2). The foregoing shall also apply to a legal entity, if one of its executive officers falls under any of the following subparagraphs: <Amended on Mar. 21, 2017> |
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | A person who has been declared bankrupt, and has not yet been reinstated; |
| 3. | A person in whose case two years have not elapsed since the registration, etc. or approval of a business plan has been revoked or cancelled pursuant to this Act or his or her business facility was closed down pursuant to Article 36 (1); |
| 4. | A person in whose case two years have not yet elapsed since a sentence of imprisonment with labor or heavier punishment imposed upon him or her has been completely executed or the non-execution of such sentence became final, or a person who is still under the suspension of the execution. |
| (2) | If a person who has completed the registration for a tourism business or filed a report thereon or a person who has obtained approval of a business plan falls under any of subparagraphs of paragraph (1), the Minister of Culture, Sports and Tourism, the Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the "head of the competent registration authority") shall either revoke registration or approval of the business plan or close down his or her business facility within three months: Provided, That the foregoing shall not apply where a legal entity has appointed a new executive officer within three months in replacement of an executive officer who falls under any subparagraph of paragraph (1). <Amended on Feb. 29, 2008> |
| Article 8 (Acquisition of Tourism Business) |
| (1) | A person who acquires a tourism business or a legal entity that survives a merger or is newly established as a consequence of a merger, where a legal entity that has engaged in tourism business is merged with another legal entity, shall succeed to the rights and obligations of the tourism business operator under the registration, etc. or report filed for the tourism business (including the terms and conditions of agreements concluded between the tourism business operator and co-owners or members, where the tourism business operator has sold co-ownership by lots or offered membership in accordance with Article 20 (1)). |
| (2) | A person who acquires, in whole, any major tourism business facility (referring to the remainder after sale if such facility is sold by units under Article 20 (1)) specified by Ordinance of the Ministry of Culture, Sports and Tourism through any of the following proceedings shall succeed to the status of the tourism business operator (including the rights and obligations under the agreements concluded between the tourism business operator and co-owners or members, where the tourism business operator has sold co-ownership by lots or offered membership in accordance with Article 20 (1)): <Amended on Feb. 29, 2008; Mar. 31, 2010; Dec. 27, 2016; Dec. 3, 2019> |
| 4. | Other proceedings similar to those under subparagraphs 1 through 3. |
| (3) | Where a tourism business operator becomes subject to a disposition of revocation or suspension, or an order of improvement under Article 35 (1) and (2), the effects of such disposition or order shall be transferred to a person who succeeds to the status of the tourism business operator in accordance with paragraph (1); and proceedings pending for any disposition or order mentioned above may, if the proceedings are in progress, continue further against such a new tourism business operator: Provided, That the foregoing shall not be applicable if the succeeding tourism business operator was unaware of such disposition, order or violation as at the time he or she acquired or merged the business at issue. |
| (4) | A person who succeeds to the status of a tourism business operator in accordance with paragraph (1) or (2) shall file a report with the head of the competent registration authority within one month after the date of succession. |
| (5) | The head of the competent registration authority upon receipt of a report prescribed in paragraph (4) shall review the details thereof and accept said report if it complies with this Act. <Newly Inserted on Jun. 12, 2018> |
| (6) | Paragraphs (1) through (5) shall also apply mutatis mutandis to succession to the status of a person who has obtained approval for a business plan formulated under Article 15 (1) and (2). <Amended on Jun. 12, 2018> |
| (7) | Article 7 shall apply mutatis mutandis to a person who succeeds to the status of a tourism business operator prescribed in paragraphs (1) and (2), and Articles 7 and 22 shall apply mutatis mutandis to a casino operator. <Amended on Mar. 28, 2008; Jun. 12, 2018> |
| (8) | Where a tourism business operator suspends or closes down his or her business wholly or partially, he or she shall inform the head of the competent registration authority thereof: Provided, That where a casino operator intends to suspend or close down his or her casino business, he or she shall report such intention in advance, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Jun. 12, 2018; Dec. 11, 2018> |
| (9) | Where a tourism business operator reports business closure to the head of the competent tax office or the head of the competent tax office cancels business registration pursuant to Article 8 of the Value-Added Tax Act, the head of the competent registration authority may cancel or revoke registration, etc. or reported matters ex officio: Provided, That the foregoing shall not apply to casino business. <Newly Inserted on Dec. 22, 2020> |
| (10) | Where necessary for ex officio cancellation or ex officio revocation under paragraph (9), the head of the competent registration authority may request the head of the competent tax office to provide information about whether a tourism business operator closes his or her business. In such cases, the head of the competent tax office in receipt of such request shall provide information about whether the tourism business operator closes his or her business pursuant to Article 36 (1) of the Electronic Government Act. <Newly Inserted on Dec. 22, 2020> |
| Article 9 (Purchase of Insurance) |
Every tourism business operator shall buy an insurance policy which details conditions and circumstances under which the insured is financially compensated, as prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism, where an accident occurs in relation to the relevant business or where a tourist suffers any loss; or shall become a member of a mutual aid association or make security deposit for business (hereinafter referred to as "purchase of insurance, etc."). <Amended on Feb. 29, 2008; May 18, 2015>
| Article 10 (Display of Tourist Signs) |
| (1) | A tourism business operator may display tourist signs at his or her business facilities, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (2) | No tourism business operator shall display any false tourist sign under paragraph (1) (hereinafter referred to as “tourist sign”), or display and advertise any false information on the tourist sign. <Newly Inserted on Mar. 11, 2014> |
| (3) | No person, other than a tourism business operator, shall display a tourist sign under paragraph (1) at his or her business facility, nor use any trade name that includes words indicating all or some of the tourism businesses referred to in Article 3, if such words are likely to misrepresent the person as a tourism business operator. <Amended on Mar. 11, 2014> |
| (4) | The specific scope of words included in trade names of tourism businesses, which is fully or partially prohibited for use by a person, other than tourism business operators, under paragraph (3), shall be prescribed by Presidential Decree. <Amended on Mar. 11, 2014> |
[Title Amended on Mar. 11, 2014]
| Article 11 (Management or Transfer of Tourism Facilities by or to others, Outsourcing Management) |
| (1) | Each tourism business operator may allow other persons to run any supplementary facility for his or her tourism business, except the following facilities and machines, and transfer such facility to a third person on condition that the person keep using the facility for the original purpose: <Amended on Jul. 19, 2007; Feb. 29, 2008; Apr. 5, 2011> |
| 1. | Rooms necessary for registration to run a tourist accommodation business under Article 4 (3); |
| 2. | Facilities determined by Ordinance of the Ministry of Culture, Sports and Tourism among facilities necessary for registration to run a tourist facilities business under Article 4 (3); |
| 3. | Facilities and machines necessary for obtaining permission to engage in casino business under Article 23; |
| 4. | Amusement facilities and machines subject to safety inspections under Article 33 (1). |
| (2) | Notwithstanding paragraph (1), each tourism business operator may outsource the management of rooms necessary for running a tourist accommodation business under paragraph (1) 1 to another person. In such cases, the relevant facilities shall be managed in the name of the tourism business operator, and all responsibilities associated with transactions with users or third parties shall be borne by the tourism business operator. <Newly Inserted on Apr. 5, 2011> |
[Title Amended on Jul. 19, 2007; Apr. 5, 2011]
SECTION 2 Travel Business
| Article 11-2 (Grounds for Disqualification) |
| (1) | A person in whose case two years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed or the non-execution of such sentence became final under Article 347, 347-2, 348, 355, or 356 of the Criminal Act in connection with the operation of tourism business shall not register travel business. |
| (2) | If a travel agency falls under paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall revoke its registration within three months: Provided, That the foregoing shall not apply where a corporation which has an executive officer falling under paragraph (1) replaces such executive officer within three months. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 12 (Operation of Package Tour) |
A person who has completed the registration of a travel business in accordance with Article 4 (1) (hereinafter referred to as a "travel agency") shall meet the requirements prescribed by Ordinance of the Ministry of Culture, Sports and Tourism to operate package tours, as specified by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008>
| Article 12-2 (Revitalization of Medical Tourism) |
| (1) | In order to revitalize foreigners' medical tourism (medical tourism means that a patient, while receiving examination, treatment, operation, or any other medical service at a medical institution in Korea, go on a tour with companions; hereinafter the same shall apply), the Minister of Culture, Sports and Tourism may lend money or grant subsidies from the Tourism Promotion and Development Fund under the Tourism Promotion and Development Fund Act to any institution related to inducement and support of foreigners' medical tourism that meets standards prescribed by Presidential Decree. |
| (2) | In addition to matters prescribed in paragraph (1), matters necessary for supporting foreigners' medical tourism may be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 25, 2009]
| Article 13 (Overseas Tour Conductors) |
| (1) | Every travel agency shall employ a person who meets qualification requirements prescribed by Ordinance of the Ministry of Culture, Sports and Tourism as a tour conductor, when it is required to employ such tour conductor to secure the safety of travellers and provide them with convenience in operating overseas tours for domestic residents. <Amended on Feb. 29, 2008; Apr. 5, 2011> |
| (2) | A person who meets the qualification requirements referred to in paragraph (1) shall be registered with the Minister of Culture, Sports and Tourism to guide overseas tours for domestic residents. <Newly Inserted on Apr. 5, 2011> |
| (3) | The Minister of Culture, Sports and Tourism shall issue an overseas tour conductor certificate to a person registered under paragraph (2). <Newly Inserted on Apr. 5, 2011> |
| (4) | No person shall lend or borrow a certificate issued under paragraph (3), or arrange such lending or borrowing. <Newly Inserted on Dec. 3, 2019> |
| (5) | Procedures for, and methods of registration under paragraph (2), issuance of certificates under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted on Apr. 5, 2011; Dec. 3, 2019> |
| Article 13-2 (Revocation of Qualification) |
The Minister of Culture, Sports, and Tourism shall revoke qualification of a person who lends his or her overseas tour conductor certificate to any other person in violation of Article 13 (4). [This Article Newly Inserted on Dec. 3, 2019]
| Article 14 (Travel Contracts) |
| (1) | To protect a traveler, every travel agency shall provide him or her with safety information on the relevant destination in writing, as prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism, when entering into a contract with the traveler. The foregoing shall also apply where the safety information on the relevant destination is revised. <Amended on Apr. 5, 2011; Feb. 3, 2015> |
| (2) | When entering into a contract with a traveler, every travel agency shall deliver a travel contract (including the itinerary and terms and conditions of the contract; hereinafter the same shall apply) which states the details of the services and a document that may certify the purchase of insurance, etc. to the traveler. <Amended on May 18, 2015> |
| (3) | Where each travel agency intends to change the itinerary (including an optional tour itinerary), it shall obtain a traveler's prior consent, as prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism. |
[This Article Wholly Amended on Mar. 25, 2009]
SECTION 3 Tourist Accommodation Business and Tourist-Use Facility Business
| Article 15 (Approval for Business Plans) |
| (1) | Any person who intends to engage in tourist accommodation business shall prepare a business plan before registering such business under Article 4 (1) and obtain approval from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu therefor. The foregoing shall also apply to any intended change to matters prescribed by Presidential Decree, including changes of at least a certain scale to plottage, area of a building site, total floor area of a building in the business plan already approved. <Amended on Jun. 5, 2008; Mar. 25, 2009; Jun. 12, 2018> |
| (2) | Any person who intends to engage in tourist facilities business or international conference business prescribed by Presidential Decree may prepare a business plan before registering such business under Article 4 (1) and obtain approval from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu therefor. The foregoing shall also apply to any intended change to matters prescribed by Presidential Decree, including changes of at least a certain scale in plottage, area of a building site, total floor area of a building in the business plan already approved. <Amended on Jun. 5, 2008; Mar. 25, 2009; Jun. 12, 2018> |
| (3) | Matters necessary for guidelines, procedures, etc. for approval for a business plan or change thereto under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 16 (Constructive Authorization or Permission upon Approval for Business Plans) |
| (1) | It shall be deemed that permission, cancellation, or reporting under any of the following subparagraphs is granted or duly completed upon obtaining approval for a business plan in accordance with Article 15 (1) or (2): <Amended on Dec. 27, 2007; Mar. 25, 2009; Apr. 15, 2010; May 31, 2010> |
| 5. | Permission for any river work, etc. or authorization for an implementation plan therefor prescribed in Article 30 of the River Act, or permission for occupation and use or authorization for an implementation plan therefor prescribed in Article 33 of the said Act; |
| (2) | Whenever intending to grant approval for a business plan involving matters falling under any of subparagraphs of paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall consult with the head of the competent administrative agency in advance, and, upon granting approval for such business plan, shall notify the head of the competent administrative agency thereof without delay. <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| (3) | When intending to grant approval for a change of a business plan under Article 15 (1) and (2), and if such change involves a change of purpose of a building, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall consult with the head of the competent administrative agency in advance. <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| (4) | A tourism business operator (applicable only to a tourist accommodation business) shall be deemed to have obtained permission or filed a report in relation to a change in the purpose of a building under the Building Act, if he or she has obtained approval for change to the relevant business plan in accordance with the latter part of Article 15 (1). |
| (5) | If approval for a business plan or change thereto has been granted pursuant to Article 15 (1), Article 76 (1) of the National Land Planning and Utilization Act shall not apply to tourist accommodation and amusement facilities within such facilities included in the business plan and located within the area designated as any of the following zones pursuant to said Act: Provided, That the foregoing shall apply to such facilities within a residential area only when the facilities involved conform to the guidelines for approval for a business plan, as prescribed by Presidential Decree, in an effort to protect the residential environment: |
| 2. | A residential, industrial, or green zone specified by Presidential Decree. |
| (6) | Where a business plan formulated under Article 15 (1) is approved, the proviso of Article 6 (1) of the School Health Act shall not apply to the establishment of a tourism accommodation facility under such business plan located in an area prescribed by Presidential Decree as well as within a lineal distance of at least 75m from the gate of a school prescribed in Article 2 of the School Health Act or the gate of the scheduled site for a school. <Newly Inserted on Dec. 22, 2015> |
| (7) | Where a business plan formulated under Article 15 (1) or change to such business plan is approved, Article 6 (1) 13 of the School Health Act shall not apply to a facility meeting the following subparagraphs, which is a tourism accommodation facility under the business plan: <Newly Inserted on Dec. 22, 2015> |
| 2. | The tourism accommodation facility shall have at least 100 guest rooms; |
| 3. | The tourism accommodation facility shall be located in an area prescribed by Presidential Decree; |
| 4. | Communal space in the tourism accommodation facility shall be open-style structure, as prescribed by Presidential Decree; |
| 5. | The tourism accommodation facility shall be located beyond a lineal distance of at least 75m of from the gate of a school prescribed in Article 2 of the School Health Act or the gate of the scheduled site for a school. |
| (8) | A person who intends to establish a tourism accommodation facility without being governed by Article 6 (1) 13 of the School Health Act because he or she meets requirements prescribed in the subparagraphs of paragraph (7) shall undergo review from the building committee prescribed in Article 4 of the Building Act to determine whether the tourism accommodation facility interferes with educational environment. <Newly Inserted on Dec. 22, 2015> |
| (9) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to approve a business plan (limited to a business plan of a person who intends to establish a tourism accommodation facility without being governed by Article 6 (1) 13 of the School Health Act because he or she meets requirements prescribed in the subparagraphs of paragraph (7)) under Article 15 (1) or change to such business plan, he or she may attach conditions requiring the person who intends to establish a tourism accommodation facility to take measures to protect educational environment and traffic safety. <Newly Inserted on Dec. 22, 2015; Jun. 12, 2018> |
[Paragraphs (6) through (9) of this Article shall be effective until March 24, 2021 pursuant to Article 2 of the Addenda to Act No. 13594 promulgated on December 22, 2015.]
| Article 17 (Deliberative Committee on Registration of Tourist Accommodation Business) |
| (1) | A deliberative committee on registration of tourist accommodation business and tourist-use facility business (hereinafter referred to as the "committee") shall be established under the jurisdiction of a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to agencies delegated with authority in cases of delegation of authority; hereafter the same shall apply in this Article and Article 18) to deliberate on matters concerning the registration (including change to any registered matter; hereafter the same shall apply in this Article) of tourist accommodation business prescribed in Article 4 (1), tourist-use facility business, or international conference business specified by Presidential Decree. <Amended on Jun. 5, 2008; Mar. 25, 2009; Jun. 12, 2018> |
| (2) | The committee shall be comprised of not more than 10 members, including one chairperson and one vice-chairperson, and the Vice Governor of a Special Self-Governing Province or the Vice Mayor of a Special Self-Governing City, or the deputy head of a Si/Gun/Gu (limited to autonomous Gus; hereinafter the same shall apply) shall serve as the chairperson, while one of the committee members appointed by the chairperson shall be the vice chairperson, and the committee members shall consist of officials of the competent agencies with authority for reports, authorization, permission, etc. prescribed in the subparagraphs of Article 18 (1). <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| (3) | The committee shall deliberate on the following matters: <Amended on Jul. 19, 2007; Dec. 22, 2015> |
| 1. | Matters concerning the guidelines, etc. for the registration of a tourist accommodation business, or a tourist-use facility business, or an international conference business specified by Presidential Decree; |
| 2. | Matters concerning whether a business prescribed in the subparagraphs of Article 18 (1) satisfies the requirements for reporting, authorization, permission, etc., as required by the relevant statutes or regulations; |
| 3. | Where a person files an application for registration of a tourism business (limited to cases where he or she intends to establish a tourism accommodation facility without being governed by Article 6 (1) 13 of the School Health Act pursuant to Article 16 (7)) after obtaining approval for a business plan or change to such business plan pursuant to Article 15 (1), matters concerning whether he or she meets requirements prescribed in the subparagraphs of Article 16 (7). |
| (4) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who intends to accept the registration of tourist accommodation business, tourist-use facility business, or international conference business prescribed in paragraph (1) shall refer the relevant case to the committee for deliberation in advance: Provided, That deliberation by the committee may not be required concerning changes to minor matters specified by Presidential Decree. <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| (5) | Any decision of the committee shall require the attendance of at least two-thirds of its members and the concurring vote of at least two-thirds of those present. <Newly Inserted on Dec. 11, 2018> |
| (6) | Matters necessary for organizing and operating the committee or other matters necessary for the committee shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
[Paragraph (3) 3 of this Article shall be effective until March 24, 2021 pursuant to Article 2 of the Addenda to Act No. 13594 promulgated on December 22, 2015.]
| Article 18 (Constructive Reporting and Permission upon Registration) |
| (1) | A tourism business entity shall be deemed to have duly filed the report or obtained the authorization or permission, etc. falling under any of the following, where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu registers the relevant business after deliberation by the committee: <Amended on Jun. 5, 2008; Feb. 6, 2009; Jun. 15, 2011; Jan. 17, 2017; Jun. 12, 2018; Dec. 29, 2020> |
| 3. | License for or report on liquor sales business prescribed in Article 5 of the Liquor License Act; |
| 6. | Deleted; <Dec. 22, 2015> |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, upon registering the tourist accommodation business, tourist facilities business, or international conference business under paragraph (1), notify the head of the administrative agency having jurisdiction over reporting, authorization or permission, etc. prescribed in the subparagraphs of paragraph (1) of such registration without delay. <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| Article 18-2 (Matters with Which Tourism Accommodation Business Operators Should Comply) |
| 2. | The tourism accommodation facility shall have at least 100 guest rooms; |
| 3. | The tourism accommodation facility shall be located in an area prescribed by Presidential Decree; |
| 4. | Communal space in the tourism accommodation facility shall be open-style structure, as prescribed by Presidential Decree; |
| 5. | The tourism accommodation facility shall be located beyond a lineal distance of at least 75m from the gate of a school under Article 2 of the School Health Act or the gate of the scheduled site for a school. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 19 (Ratings of Tourist Accommodation Businesses) |
| (1) | The Minister of Culture, Sports, and Tourism may determine the ratings of tourist accommodation businesses and campground businesses to afford convenience to users of tourist accommodations and campgrounds, and to maintain and control the level of tourist accommodations, campgrounds, and their services after receiving applications from tourist accommodation business operators and campground business operators: Provided, That each person prescribed by Presidential Decree among those whose hotel business has been registered pursuant to Article 4 (1) shall file an application for rating. <Amended on Feb. 29, 2008; Mar. 11, 2014; Feb. 3, 2015> |
| (2) | Where the Minister of Culture, Sports, and Tourism determines ratings of tourist accommodation businesses and campground businesses pursuant to paragraph (1), he or she may determine the ratings thereof within a fixed period of validity. <Amended on Mar. 11, 2014; Feb. 3, 2015> |
| (3) | Where necessary to determine ratings under paragraph (1), the Minister of Culture, Sports, and Tourism may request a relevant expert to examine the actual conditions of facilities and management of tourist accommodation businesses and campground businesses. <Newly Inserted on Mar. 11, 2014; Feb. 3, 2015> |
| (4) | The Minister of Culture, Sports, and Tourism may publicly announce details of ratings determined under paragraph (1). <Newly Inserted on Mar. 11, 2014> |
| (5) | Where a crisis warning of alert level or higher under Article 38 (2) of the Framework Act on the Management of Disasters and Safety is issued due to the spread of an infectious disease, the Minister of Culture, Sports and Tourism may postpone the determination of ratings under paragraph (1) or extend the existing period of the validity of ratings under paragraph (2). <Newly Inserted on Apr. 13, 2021> |
| (6) | Matters necessary for the determination of ratings of tourist accommodation businesses and campground businesses shall be prescribed by Presidential Decree, and the period for validity of ratings, timing and procedures for filing applications therefor, public announcement of the results thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism. <Newly Inserted Mar. 11, 2014; Feb. 3, 2015; Apr. 13, 2021> |
[Title Amended on Feb. 3, 2015]
| Article 19-2 Deleted. <Mar. 13, 2018> |
| Article 20 (Sale by Units and Offering of Membership) |
| (1) | No person shall sell ownership in a facility of a tourism business by units (applicable only to a resort condominium; hereinafter the same shall apply) or offer membership thereof, unless he or she has completed the registration of a specific type of tourist accommodation business or tourist-use facility business, as specified by Presidential Decree, or has obtained approval for the business plan concerned. |
| (2) | No person shall: <Amended on Jul. 19, 2007> |
| 1. | Sell ownership in tourism accommodation or tourist-use facilities by units or offer membership thereof by using the name of a specific type of tourism accommodation business or tourist-use facility business, as specified by Presidential Decree, or any similar name, despite not being qualified for such sale by units or offering membership under paragraph (1); |
| 2. | Sell ownership in a tourism accommodation facility or offering membership thereof by combining or connecting it with any facility other than a tourism accommodation facility: Provided, That a person who has completed the registration of a specific type of tourism accommodation business, as specified by Presidential Decree, or obtained approval of the business plan concerned may sell ownership in tourism accommodation by units or offer membership thereof by connecting it with a golf club, if he or she has obtained approval for the business plan for the golf club concerned in accordance with Article 12 of the Installation and Utilization of Sports Facilities Act; |
| 3. | Acquire by transfer the right to use a facility of a tourism business under paragraph (1) from a co-owner or a member and offer membership to use such right. |
| (3) | The standard contract form that a person intends to use for sale by units or offering of membership in accordance with paragraph (1) shall contain the terms and conditions under the subparagraphs of paragraph (5). |
| (4) | Every person who intends to promote sale by units or offering of membership under paragraph (1) shall perform such sale or offering in compliance with the guidelines and procedures prescribed by Presidential Decree for sale by units or offering of membership. |
| (5) | A person who sells any facility by units or offers membership thereof shall comply with Presidential Decree concerning the following matters to protect the rights and interests of co-owners and members: |
| 1. | Transfer or acquisition of equity shares in co-ownership or membership; |
| 3. | Collection of expenses incurred in maintaining and managing the facility; |
| 4. | Return of membership money; |
| 5. | Issuance and verification of membership cards; |
| 6. | Organization of a representative body of co-owners or members; |
| 7. | Other matters prescribed by Presidential Decree for the protection of rights and interests of co-owners or members. |
| Article 20-2 (Matters with Which Campground Business Operators Should Comply) |
Any person who registers a campground business under Article 4 (1) shall comply with safety and sanitation standards prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism. [This Article Newly Inserted on Feb. 3, 2015]
SECTION 4 Casino Business
| Article 21 (Requirements of Permission) |
| (1) | The Minister of Culture, Sport and Tourism may, upon receipt of an application for permission to operate a casino business prescribed in Article 5 (1) (hereinafter referred to as "casino business"), grant such permission only when: <Amended on Feb. 29, 2008; Jun. 5, 2008; Jun. 12, 2018> |
| 1. | The applicant intends to engage in casino business in the facilities of hotel business (limited to facilities with the highest rating out of ratings for tourism accommodation business, and to facilities with the next highest rating, if no facility with the highest rating exists in the City/Do) from among tourism accommodation businesses operated in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or the Special Self Governing Province (hereinafter referred to as the "City/Do") having an international airport or an international passenger ship terminal or in a special tourist zone, or in a subsidiary facility to the facilities of international conference business specified by Presidential Decree, and meets requirements prescribed by Presidential Decree; |
| 2. | The applicant intends to engage in the casino business on a passenger ship moving between Korea and another country, and meets the requirements prescribed by Presidential Decree. |
| (2) | The Minister of Culture, Sports and Tourism may place a restriction on the permission under paragraph (1) as prescribed by Presidential Decree, if deemed necessary for the maintenance of public peace and order or the sound development of the casino industry. <Amended on Feb. 29, 2008> |
| Article 21-2 (Public Announcement of Permission) |
| (1) | Where the Minister of Culture, Sports and Tourism intends to grant permission for new casino business, he or she shall determine the following and publicly announce the following details: |
| 1. | Area subject to permission; |
| 2. | Number of businesses eligible for permission; |
| 3. | Procedures for and method of permission; |
| 4. | Detailed criteria for permission; |
| 5. | Matters determined by the Minister of Culture, Sports and Tourism for the sound operation of casino business and promotion of tourism industry. |
| (2) | Where it is found that there exists no person appropriate for new permission after the public announcement under paragraph (1), the Minister of Culture, Sports and Tourism need not grant permission to engage in new casino business. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 22 (Grounds for Disqualification) |
| (1) | No permission for a casino business may be granted to any person who falls under any of the following subparagraphs: |
| 1. | A person under 19 years of age; |
| 2. | A person against whom a sentence of imprisonment without labor or heavier punishment has been finally and conclusively affirmed on account of a crime of forming an organization or a group under Article 4 of the Punishment of Violences, etc. Act or providing funds to such an organization or group; |
| 3. | A person against whom a sentence of imprisonment without labor or heavier punishment has been finally and conclusively affirmed on account of tax evasion or a violation of the Foreign Exchange Transactions Act; |
| 4. | A person in whose case two years have not yet passed since a sentence of imprisonment without labor or heavier punishment imposed upon him or her was completely executed or finally and conclusively waived; |
| 5. | A person who has been sentenced to a suspended execution of imprisonment without labor or heavier punishment and is still within the period of suspension; |
| 6. | A person who is sentenced to the suspended sentence of imprisonment without labor or heavier punishment and is still within the period of suspension; |
| 7. | A legal entity that has an officer who falls under any provision of subparagraphs 1 through 6. |
| (2) | In the event that a person to whom permission to engage in a casino business was granted (hereinafter referred to as a "casino operator") falls under any subparagraph of paragraph (1), the Minister of Culture, Sports and Tourism shall revoke the relevant permission: Provided, That the foregoing shall not apply in cases where a legal entity appoints within three months an office to replace an officer who has fallen under any of such grounds for revocation. <Amended on Feb. 29, 2008> |
| Article 23 (Standards of Facilities for Casino Business) |
| (1) | A person who desires to obtain permission to operate a casino business shall be equipped with the facilities and machines specified by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (2) | A casino operator may be required to undergo an inspection of certain facilities among those under paragraph (1) by an inspection institute designated and publicly notified by the Minister of Culture, Sports and Tourism as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (3) | Every casino operator shall be responsible for the maintenance and management of the facilities and machines under paragraph (1). |
| Article 24 (Conditional Permission for Business) |
| (1) | In granting permission to operate a casino business, the Minister of Culture, Sports and Tourism may impose conditions that the relevant business operator shall be equipped with the facilities and machines provided in Article 23 (1) within a period set by Presidential Decree, which shall not exceed one year: Provided, That the Minister of Culture, Sports and Tourism may extend such period by up to six months on one occasion only, upon receipt of an application from the relevant business operator, in cases of a natural disaster or other exceptional circumstances. <Amended on Feb. 29, 2008; Apr. 5, 2011> |
| (2) | If a person granted permission prescribed in paragraph (1) fails to fulfill any of the terms and conditions of the permission within the period set under paragraph (1) without good cause, the Minister of Culture, Sports and Tourism shall revoke such permission immediately. <Amended on Feb. 29, 2008; Apr. 5, 2011> |
| (3) | If a person granted permission prescribed in paragraph (1) is equipped with the facilities and machines required under the terms and conditions of such permission within the period set under paragraph (1), he or she shall report thereon to the Minister of Culture, Sports and Tourism. <Newly Inserted on Apr. 5, 2011> |
| (4) | Where the Minister of Culture, Sports and Tourism receives a report prescribed in paragraph (3), he or she shall review the report and accept it if it complies with this Act. <Newly Inserted on Jun. 12, 2018> |
| Article 25 (Specifications and Standards of Casino Machines) |
| (1) | The Minister of Culture, Sports and Tourism shall prescribe the specifications and standards (hereinafter referred to as the "officially approved standards, etc.") for the shape, structure, materials, and performance of machines used in casino businesses (hereinafter referred to as "casino machines"). <Amended on Feb. 29, 2008> |
| (2) | The Minister of Culture, Sport and Tourism may recognize the specifications and standards of casino machines that have passed a test conducted by an inspection institute designated by the Minister of Culture, Sports and Tourism as the officially approved standards, etc. as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (3) | Every casino operator shall, when he or she brings a casino machine into his or her business facility (including any ancillary facility) for use, undergo an inspection by the Minister of Culture, Sports and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, to confirm whether the machine meets the officially approved standards, etc. <Amended on Feb. 29, 2008> |
| (4) | Every casino machine that has passed an inspection under paragraph (3) shall bear a certificate or a sign attached thereto or indicated thereon to show that it has passed the inspection (hereinafter referred to as "inspection certificate"), as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| Article 26 (Types and Methods of Casino Business) |
| (1) | The types of the casino business shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (2) | Every casino operator shall file a report in advance with the Minister of Culture, Sports and Tourism on the business method, dividends, etc. for each type of the casino business prescribed in paragraph (1), as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. The foregoing shall also apply where he or she intends to change any matter already reported. <Amended on Feb. 29, 2008> |
| (3) | Where the Minister of Culture, Sports and Tourism receives a report or a report on change prescribed in paragraph (2), he or she shall review the relevant report and accept it if it complies with this Act. <Newly Inserted on Jun. 12, 2018> |
| Article 27 (Guidance and Orders) |
The Minister of Culture, Sports and Tourism may provide guidance or issue orders to any casino operator where deemed necessary for preventing excessive instigation of a speculative spirit or for the public interest. <Amended on Feb. 29, 2008>
| Article 28 (Matters with Which Casino Operators Should Comply) |
| (1) | Any casino operator (including his or her employees specified by Presidential Decree; hereafter the same shall apply in this Article) shall not: |
| 1. | Install or use any casino machine that contravenes any relevant statute or regulation; |
| 2. | Alter any casino machine or facility or use any altered casino machine or facility in violation of any relevant statute or regulation; |
| 3. | Conduct the business outside a permitted exclusive business facility; |
| 5. | Conduct an advertisement or public relations activity that has a possibility of instigating a speculative spirit excessively or undermining good public morals; |
| 6. | Engage in any business that does not fall under any type of business under Article 26 (1) nor carry on a business without filing a report on the business method, dividends, etc.; |
| 7. | Reduce the amount due to the Tourism Promotion and Development Fund under Article 30 (1) by omitting a certain amount from total sales; |
| 8. | Admit any person under nineteen years of age into the casino; |
| 9. | Shut down the business for 60 days or longer without justifiable grounds during the corresponding year. |
| (2) | Every casino operator shall comply with the casino business rules prescribed by Ordinance of the Ministry of Culture, Sports and Tourism deemed necessary for the sound fostering and development of the casino industry. In this case, such business rules shall contain the following matters: <Amended on Jul. 19, 2007; Feb. 29, 2008> |
| 1. | Minimum business hours per day; |
| 2. | Duty to affix a collection box to each game table and indicate the maximum betting amount; |
| 3. | Minimum dividend rate of a slot machine or video game; |
| 4. | Duty to keep and maintain the records of the management of the electronic computer system, money exchange counter, settlement counter, and closed circuit system, and records related to accounting; |
| 5. | Prohibited acts such as prohibition on casino workers' participation in games. |
| Article 29 (Matters with Which Casino Users should Comply) |
Anyone who enters a casino shall respond properly to such questions asked by the casino operator necessary for confirming that he or she is a foreigner (including an overseas emigrant under Article 2 of the Emigration Act).
| Article 30 (Payment to Fund) |
| (2) | If a casino operator fails to pay the money due under paragraph (1) by the deadline for payment, the Minister of Culture, Sports and Tourism shall urge the operator to pay such amount within a given period of at least 10 days. In such cases, an overdue charge at the rate of 3/100 of the overdue payment shall be additionally imposed. <Amended on Feb. 29, 2008> |
| (3) | If a person urged to pay the money due under paragraph (2) fails to pay the amount within a given period, it shall be collected in the same manner as delinquent national taxes are collected. |
| (4) | The turnover under paragraph (1), collection rates, procedures for imposition and collection, and other necessary matters, shall be prescribed by Presidential Decree. |
| (5) | If a person liable to pay the money due under paragraph (1) or the overdue charge under the latter part of paragraph (2) has an objection to imposition of such amount due or overdue charge, he or she shall file an objection with the Minister of Culture, Sports and Tourism within 30 days after receipt of the payment notice. <Newly Inserted on Apr. 5, 2011> |
| (6) | Upon receipt of an objection filed under paragraph (5), the Minister of Culture, Sports and Tourism shall review the objection within 15 days after receipt of the objection and notify the relevant applicant of the results in writing. <Newly Inserted on Apr. 5, 2011> |
SECTION 5 Amusement Facility Business
| Article 31 (Conditional Permission for Business) |
| (1) | In granting permission to engage in an amusement facility business, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may impose conditions that the relevant business operator shall be equipped with facilities and equipment prescribed in Article 5 (2) within a period set by Presidential Decree, which shall not exceed five years: Provided, That the Minister of Culture, Sports and Tourism may extend such period by up to one year on one occasion only, upon receipt of an application from the relevant business operator, in cases of a natural disaster or other exceptional circumstances. <Amended on Jun. 5, 2008; Apr. 5, 2011; Jun. 12, 2018> |
| (2) | If a person granted permission prescribed in paragraph (1) fails to fulfill any of the terms and conditions of the permission within the period set under paragraph (1) without good cause, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall revoke such permission immediately. <Amended on Jun. 5, 2008; Apr. 5, 2011; Jun. 12, 2018> |
| (3) | If a person granted permission prescribed in paragraph (1) is equipped with the facilities and machines required under the terms and conditions of such permission within the period set under paragraph (1), he or she shall report thereon to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Newly Inserted on Apr. 5, 2011; Jun. 12, 2018> |
| (4) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the relevant reporter of whether his or her report is to be accepted within a period prescribed by Ordinance of the Ministry of Culture, Sports and Tourism from the date of receipt of the report prescribed in paragraph (3). <Newly Inserted on Jun. 12, 2018> |
| (5) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the reporter of whether his or her report is to be accepted or the extension of the handling period according to statutes or regulations related to handling civil petitions within the period prescribed in paragraph (4), the relevant report shall be deemed accepted on the date following the date on which such period ends (where the handling period has been extended or re-extended pursuant to statutes or regulations related to handling civil petitions, this refers to that relevant handling period). <Newly Inserted on Jun. 12, 2018> |
| Article 32 (Matters with Which Waterside Excursion Type Amusement Facilities Business Owner Should Comply) |
Any person who has installed waterside excursion type amusement facilities or amusement equipment, from among persons who have obtained permission to operate an amusement facilities business pursuant to Article 5 (2) or made a report on an amusement facilities business pursuant to Article 5 (4) (hereinafter referred to as "amusement facilities business owner"), shall observe the safety and sanitation standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. [This Article Wholly Amended on Mar. 25, 2009]
| Article 33 (Safety Inspections) |
| (1) | Any amusement facilities business owner and any person who intends to obtain permission to engage in an amusement facilities business or permission for modification (including any person granted conditional permission to engage in business that intends to commence business upon fulfilling the terms and conditions of such permission) shall undergo a safety inspection conducted by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism, for the amusement facilities or amusement machines subject to safety inspections, as specified by Ordinance of the Ministry of Culture, Sports, and Tourism, while the amusement facilities or amusement machines exempt from safety inspections shall also be inspected to verify that they are not subject to such safety inspections. In such cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may designate the inspection timing in consideration of high season, etc. <Amended on Feb. 29, 2008; Mar. 25, 2009; Apr. 5, 2011; Jun. 12, 2018> |
| (2) | Any amusement facilities business owner obligated to undergo the safety inspection conducted under paragraph (1) shall place safety supervisors at his or her business facility at all times, who shall be responsible for safety supervision of amusement facilities and amusement machines therein. |
| (3) | Safety supervisors prescribed in paragraph (2) shall regularly receive education on the safety supervision of amusement facilities and amusement machines (hereinafter referred to as "safety education") conducted by the Minister of Culture, Sports, and Tourism. <Newly Inserted on Feb. 3, 2015> |
| (4) | Amusement facilities business owners prescribed in paragraph (2) shall make arrangements for safety supervisors prescribed in paragraph (2) to receive safety education. <Newly Inserted on Feb. 3, 2015> |
| (5) | Matters necessary for qualifications, standards for assignment and duties of safety supervisors prescribed in paragraph (2), and the details, period, methods, etc. of safety education shall be prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism. <Amended on Feb. 29, 2008; Feb. 3, 2015> |
| Article 33-2 (Obligations to Report Accidents and Investigation of Accidents) |
| (1) | Where a significant accident prescribed by Presidential Decree occurs due to an amusement facility or amusement machine managed by an amusement facilities business owner, he or she shall immediately take necessary measures, such as suspending the use thereof, and notify a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the occurrence of the significant accident, as prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism. <Amended on Jun. 12, 2018> |
| (2) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu notified pursuant to paragraph (1) deems it necessary, he or she may require an amusement facilities business owner to submit data or conduct an on-site investigation, as prescribed by Presidential Decree. <Amended on Jun. 12, 2018> |
| (3) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that the relevant amusement facility or amusement machine may pose a serious hazard to safety in accordance with the outcomes of examination of data and on-site investigation prescribed in paragraph (2), he or she may order the amusement facilities business owner to suspend the use of, make improvements in or remove the amusement facility or amusement machine, as prescribed by Presidential Decree. <Amended on Jun. 12, 2018> |
[This Article Newly Inserted on May 18, 2015]
| Article 34 (Maintenance of Business Order) |
| (1) | Every amusement facilities business owner shall perform his or her duties prescribed by Ordinance of the Ministry of Culture, Sports and Tourism for the maintenance of business order. <Amended on Feb. 29, 2008> |
| (2) | No amusement facilities business owner shall install or use any amusement facility or machine, or any part of such facility or machine manufactured, in violation of the relevant statutes or regulations. |
| Article 34-2 (Establishment and Operation of Amusement Facility Safety Information System) |
| (1) | The Minister of Culture, Sports and Tourism may establish and operate an amusement facility safety information system to comprehensively manage information on the safety of amusement facilities and to provide such information to amusement facilities business owners and tourists. |
| (2) | The amusement facility safety information system under paragraph (1) shall contain the following: |
| 1. | Information on permission (including permission for changes) for amusement facility business prescribed in Article 5 (2) or reporting (including reporting on changes) on amusement facility business prescribed in paragraph (4) of the that Article; |
| 2. | Information on the purchase of insurance policies, etc. by amusement facilities business owners under Article 9; |
| 3. | Information on safety and sanitation of waterside excursion type amusement facilities business owners under Article 32; |
| 4. | Safety inspections prescribed in Article 33 (1) or inspections to verify exemption from safety inspections; |
| 5. | Information on safety education provided to safety supervisors under Article 33 (3); |
| 6. | Information on accidents notified under Article 33-2 (1) and measures taken therefor; |
| 7. | Information on administrative dispositions made against amusement facilities business owners who violate this Act; |
| 8. | Other information prescribed by Presidential Decree for safety supervision of amusement facilities. |
| (3) | The Minister of Culture, Sports and Tourism may request a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, the head of an agency entrusted with affairs pursuant to Article 80 (3), or an amusement facilities business owner to submit or register data necessary for the establishment and operation of the amusement facility safety information system. In such cases, a person in receipt of such request shall comply therewith unless there is good reason. |
| (4) | The Minister of Culture, Sports and Tourism may disclose the information, etc. under paragraph (2) 3 and 4 through the amusement facility safety information system. |
| (5) | The information subject to, scope and methods of, disclosure under paragraph (4) and other matters necessary for the establishment and operation of the amusement facility safety information system shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Dec. 22, 2020]
SECTION 6 Guidance on and Supervision of Business
| Article 35 (Revocation of Registration) |
| (1) | If any of the following applies to a person whose tourism business has been registered or who has reported on such business or whose business plan has been approved, the head of the competent registration authority may revoke his or her registration of or approval for his or her business plan, issue an order to fully or partially suspend his or her business for a given period of up to six months, or issue an order to improve the relevant facilities or the operation thereof: <Amended on Jul. 19, 2007; Mar. 25, 2009; Apr. 5, 2011; Mar. 11, 2014; Feb. 3, 2015; May 18, 2015; Dec. 22, 2015; Nov. 28, 2017; Jun. 12, 2018; Dec. 11, 2018> |
| 1. | If the person fails to meet standards for registration prescribed in Article 4, fails to register any modification within the period for registration of the modification, or engages in his or her business beyond the scope of his or her business registered; |
| 1-2. | If the person fails to be equipped with facilities and machines prescribed by Ordinance of the Ministry of Culture, Sports, and Tourism pursuant to Article 5 (2) and (4); |
| 2. | If the person fails to obtain revised permission or to file a report on change prescribed in Article 5 (3) or the latter part of Article 5 (4); |
| 2-2. | If the person comes to fail to meet the standards for designation prescribed in Article 6 (2); |
| 3. | If the person fails to file a report within the deadline prescribed in Article 8 (4) (including cases to which the said paragraph shall apply mutatis mutandis pursuant to paragraph (6) of that Article); |
| 3-2. | If the person suspends or closes down his or her business and fails to report thereon, or fails to report the suspension or closure of his or her business in advance, in violation of Article 8 (8); |
| 4. | If the person fails to hold an insurance policy or membership in a mutual fund or deposit the business guarantee instead, in violation of Article 9; |
| 4-2. | If the person has displayed a false tourist sign, or has displayed or advertised false information on a tourist sign, in violation of Article 10 (2); |
| 5. | If the person has transferred any of his or her facilities for tourism business to any third person or allows any third person to run such business, in violation of Article 11; |
| 6. | If the person has operated a package tour, in violation of any of requirements and methods for operating package tours prescribed in Article 12; |
| 7. | If the person fails to provide safety information or revised safety information, or to deliver a travel contract and a document that may certify the purchase of insurance, etc. to a traveler, or changes an itinerary (including an optional tour itinerary) without obtaining a traveler's prior consent, in violation of Article 14; |
| 8. | If the person who has obtained approval for his or her business plan prescribed in Article 15 fails to commence or complete the project within the period specified by Presidential Decree without any justifiable grounds or has revised the business plan at will without obtaining approval for revision thereto, in violation of the said Article; |
| 8-2. | If the person violates matters with which he or she should comply pursuant to Article 18-2; |
| 8-3. | If the person fails to file an application for rating, in violation of the proviso of Article 19 (1); |
| 9. | If the person has sold a facility by units or has offered membership thereof, in violation of Article 20 (1) or (4), or fails to perform his or her duty to comply with Article 20 (5) for protection of co-owners and members; |
| 9-2. | If the person violates matters with which he or she should comply pursuant to Article 20-2; |
| 10. | If the person fails to satisfy any of the requirements for permission for casino business prescribed in Article 21; |
| 11. | If the person has neglected to maintain and manage the casino facilities and machines, in violation of Article 23 (3); |
| 12. | If the person has breached his or her duty to comply with Article 28 (1) and (2); |
| 13. | If the person fails to pay his or her dues to the Tourism Promotion and Development Fund, in violation of Article 30; |
| 14. | If the person fails to observe the safety and sanitation standards for waterside excursion type amusement facilities, etc. prescribed in Article 32; |
| 15. | If the person fails to undergo a safety inspection of the amusement facilities or amusement machines prescribed in Article 33 (1) or an inspection for verifying that such facilities or machines are exempt from safety inspections, or fails to place safety controllers prescribed in Article 33 (2); |
| 16. | If the person fails to perform his or her duty to comply with Article 34 (1) for maintaining sound business practices, or has installed or used any part manufactured unlawfully, in violation of paragraph (2) of said Article; |
| 16-2. | If the person allows a person who does not have the relevant qualifications to engage in the business, in violation of the proviso to Article 38 (1); |
| 17. | Deleted; <Apr. 5, 2011> |
| 18. | If the person fails to comply with an order to file a report or submit a document prescribed in Article 78, or has interfered with an inspection conducted by the relevant public official; |
| 19. | If the person has offered or received a bribe in the course of running the tourism business or implementing the relevant business plan; |
| 20. | If the person has intentionally breached a travel contract (limited to travel agencies). |
| (2) | If any of the following applies to a person whose tourism business has been registered, the head of the competent registration authority may order him or her to fully or partially suspend his or her business for a given period of up to six months: <Newly Inserted on Jul. 19, 2007; Feb. 29, 2008; Apr. 5, 2011> |
| 1. | If the person has assigned a person who has not been registered under Article 13 (2) to guide an overseas tour; |
| 2. | If the person fails to comply with any guidance or order issued by the Minister of Culture, Sports, and Tourism prescribed in Article 27. |
| (3) | Detailed standards for dispositions for revocation or suspension, or orders to improve a facility or operation under paragraph (1) or (2), shall be prescribed by Presidential Decree, considering the causes and severity of the relevant violations. <Amended on Jul. 19, 2007> |
| (4) | In receipt of a report on or notice of transfer or closure of a tourism business from a tourism business operator who possesses goods subject to exemption from or reduction of customs duties prescribed in the Customs Act, etc. on conditions that such goods are to be used for the tourism business, within five years after the import permission for the goods was granted, or upon revoking the registration, etc. of the tourism business operator, the head of the competent registration authority shall notify the head of the competent customs office of such fact without delay. <Amended on Jul. 19, 2007> |
| (5) | When the head of the competent registration authority revokes the registration, etc. of a tourism business operator or orders a tourism business operator to fully or partially suspend his or her business pursuant to paragraph (1) or (2), he or she shall notify the head of the relevant administrative agency (including the Minister of Strategy and Finance, if the person is a foreigner-invested company) thereof pursuant to Article 18 (2). <Amended on Jul. 19, 2007; Feb. 29, 2008> |
| (6) | When the head of any relevant administrative agency, other than the competent registration authority, intends to suspend the business of a tourism business operator or revoke the relevant permission or registration, or impose a ban or restriction on use of any facility, he or she shall consult with the head of the competent registration agency in advance. <Amended on Jul. 19, 2007> |
| Article 36 (Measures for Closure) |
| (1) | The head of the competent registration authority may cause relevant public officials to take the following measures to close a place of business, against a person who engages in a business without obtaining permission or filing a report in accordance with Article 5 (1), (2), or (4), or a person who continues his or her business despite the relevant permission having been revoked or an order to suspend his or her business having been issued pursuant to Article 24 (2), 31 (2), or 35: |
| 1. | Removing or eliminating signboards or other business signs in the place of business; |
| 2. | Posting a notice stating that the place of business is illegal; |
| 3. | Affixing seals for banning all persons from using the facilities, machines, etc. required for such business. |
| (2) | Upon taking an administrative disposition under Article 35 (1) 4-2, the head of the competent registration authority may require the relevant public officials to publish such fact on its web-site or take a measure to remove or eliminate any false tourist sign. <Newly Inserted on Mar. 11, 2014> |
| (3) | The head of the competent registration authority may remove any seals affixed under paragraph (1) 3 if either of the following grounds arise. This shall also apply to any notices posted under paragraph (1) 2: <Amended on Mar. 11, 2014> |
| 1. | Where it is deemed unnecessary to keep the seals any longer; |
| 2. | Where either a person who conducts the business or his or her agent, requests removal of the seals on just grounds. |
| (4) | The head of the competent registration authority that intends to take any of the measures provided for in paragraph (1) or (2), shall give prior written notice thereof to the relevant business operator or his or her agent: Provided, That this shall not apply in urgent circumstances. <Amended on Mar. 11, 2014> |
| (5) | Measures provided for in paragraph (1) shall be taken to the minimum extent necessary for suspending the relevant business. <Amended on Mar. 11, 2014> |
| (6) | A public official who closes a place of business under paragraph (1), or removes or eliminates a false tourist sign under paragraph (2), shall carry an identification indicating his or her authority and present it to interested persons. <Amended on Mar. 11, 2014> |
| Article 37 (Imposition of Penalty Surcharges) |
| (1) | Where a tourism business operator falls under the subparagraphs of Article 35 (1) or any subparagraph of Article 35 (2), which constitutes grounds for ordering suspension of business, and where such suspension of business is likely to cause serious inconvenience to its users, etc. or otherwise hamper public interest, the head of the competent registration authority may impose a penalty surcharge not exceeding 20 million won, in lieu of suspension of business. <Amended on Mar. 25, 2009> |
| (2) | The amounts of penalty surcharges to be imposed based on the types, severity, etc. of violations under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by the deadline for payment, the head of the competent registration authority shall collect it in the same manner as delinquent national taxes are collected, or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020> |
SECTION 7 Tourism Workers
| Article 38 (Qualifications for Tourism Workers) |
| (1) | The head of the competent registration authority may recommend the relevant tourism business operator to employ persons qualified as tourism workers for the tourism services prescribed by Presidential Decree: Provided, That a travel agency intended for foreign tourists shall let a person who has qualifications for interpretation and guide of tourists engage in guiding tourists. <Amended on Mar. 25, 2009> |
| (2) | A person who intends to acquire qualifications for a tourism worker prescribed in paragraph (1) shall pass an examination administered by the Minister of Culture, Sports and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism; and shall register his or her qualifications with the Minister of Culture, Sports and Tourism: Provided, That those separately specified by Ordinance of the Ministry of Culture, Sports and Tourism may be exempted from the examination fully or partially. <Amended on Feb. 29, 2008> |
| (3) | The Minister of Culture, Sports and Tourism shall issue a qualification certificate for a tourism worker to a person who has completed registration made under paragraph (2). <Amended on Feb. 29, 2008> |
| (4) | A person may, if his or her qualification certificate for a tourism worker has been lost or destroyed, file an application for reissuing such certificate to the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (5) | A person falling under any of the subparagraphs (excluding subparagraph 3) of Article 7 (1) as of the release date of the final results of an examination under paragraph (2), shall be disqualified for tourism workers referred to in paragraph (1). <Amended on Apr. 5, 2011; Dec. 3, 2019> |
| (6) | No person without qualifications for interpretation and guide of tourists shall engage in tour guide for foreign tourists (limited to cases of guiding tourists while engaging in travel business for foreign tourists pursuant to the proviso of paragraph (1); hereafter the same shall apply in this Article). <Newly Inserted on Feb. 3, 2016> |
| (7) | A person with qualifications for interpretation and guide of tourists shall carry a qualification certificate referred to in paragraph (3) when guiding tourists. <Newly Inserted on Feb. 3, 2016> |
| (8) | No tourism worker shall lend or borrow his or her qualification certificate referred to in paragraph (3) to or from any other person, or arrange such lending or borrowing. <Amended on Dec. 3, 2019> |
| (9) | Where any of the following persons with respect to an examination under paragraph (2), the Minister of Culture, Sports and Tourism shall suspend or invalidate his or her examination or cancel the determination of his or her examination success; and shall suspend his or her qualification for taking the examination for three years from the date such examination is suspended or invalidated or the determination of examination success is cancelled: <Newly Inserted on Nov. 28, 2017> |
| 1. | A person who takes the examination in an unjustifiable manner; |
| 2. | A person who cheats on the examination. |
The Ministry of Culture, Sports and Tourism or the Mayor/Do Governor may provide support necessary for conducting training for tourism workers and other employees in the tourism sector to improve their job performance.
[This Article Wholly Amended on Apr. 5, 2011]
| Article 40 (Revocation of Qualifications) |
The Minister of Culture, Sports and Tourism (or the Mayor/Do Governor for any tourism worker specified by Presidential Decree) may revoke qualifications of a tourism worker or issue an order suspending his or her qualification for a period not exceeding six months, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, if the tourism worker who holds qualifications prescribed in Article 38 (1) falls under any of the following subparagraphs: Provided, That qualifications must be revoked, if the tourism worker falls under subparagraphs 1 and 5: <Amended on Feb. 29, 2008; Apr. 5, 2011; Feb. 3, 2016> | 1. | If he or she has acquired qualifications by fraud or other improper means; |
| 2. | If he or she falls under any subparagraph of Article 7 (1) (excluding subparagraph 3); |
| 3. | If he or she has engaged in fraudulent or wrongful conduct in the course of performing his or her duties as a tourism worker; |
| 4. | Deleted; <Jul. 19, 2007> |
| 5. | If he or she lent his or her qualification certificate for a tourism worker to any other person, in violation of Article 38 (8). |
CHAPTER III ASSOCIATION OF TOURISM BUSINESS OPERATORS
| Article 41 (Establishment of Korea Tourism Association) |
| (1) | Tourism associations for each region and each business category under Article 45 may establish a Korea Tourism Association (hereinafter referred to as the "Association"), which shall represent the tourism industry for the sound development of the tourism industry. |
| (2) | A person who intends to establish the Association shall obtain permission from the Minister of Culture, Sports and Tourism under conditions prescribed by Presidential Decree. <Amended on Feb. 29, 2008> |
| (3) | The Association shall be a juristic person. |
| (4) | The Association shall be duly formed upon completion of the registration of association. |
| Article 42 (Articles of Association) |
The articles of the Association shall provide for:
| 3. | Address of its office; |
| 4. | Matters concerning members and the general meeting of members; |
| 5. | Matters concerning executive officers; |
| 6. | Matters concerning business affairs; |
| 7. | Matters concerning accounting; |
| 8. | Matters concerning dissolution; |
| 9. | Other important matters concerning its operation. |
| Article 43 (Business Affairs) |
| (1) | The Association shall carry out: |
| 1. | Business affairs for the development of the tourism industry; |
| 2. | Surveys, research, and public relations activities necessary for the promotion of tourism projects; |
| 3. | Statistics relating to tourism; |
| 4. | Training and follow-up management of tourism workers; |
| 5. | Operation of the mutual-aid business for members; |
| 6. | Business affairs entrusted by the Government or a local government; |
| 7. | Operation of tourist information centers; |
| 8. | Profit-making businesses incidental to the business affairs under subparagraphs 1 through 7. |
| (2) | The mutual aid business under paragraph (1) 5 shall be subject to permission of the Minister of Culture, Sport and Tourism. <Amended on Feb. 29, 2008> |
| (3) | Further details of the mutual aid business under paragraph (2) and matters necessary for operation thereof shall be prescribed by Presidential Decree. |
| Article 44 (Application Mutatis Mutandis of the Civil Act) |
Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association.
| Article 45 (Tourism Associations by Region and Business Category) |
| (1) | Tourism business operators may establish a tourism association for each region or business category for the sound development of the tourism industry in the relevant field by region or by business type as prescribed by Presidential Decree. |
| (2) | The tourism association for each business category under paragraph (1) shall obtain permission for its establishment from the Minister of Culture, Sport and Tourism, while the tourism association for each region shall obtain permission for its establishment from the Mayor/Do Governor. <Amended on Feb. 29, 2008> |
| Article 46 (Application Mutatis Mutandis Application of Provisions Governing Associations) |
| Articles 41 through 44 shall apply mutatis mutandis to the establishment and operation of tourism associations for each region or business category. |
CHAPTER IV PROMOTION AND PUBLIC RELATIONS OF TOURISM
| Article 47 (Utilization of Tourism Information) |
| (1) | The Minister of Culture, Sports and Tourism shall promote cooperative relationships with tourism-related international organizations in order to utilize information on tourism and to strengthen international friendship through tourism. <Amended on Feb. 29, 2008> |
| (2) | The Minister of Culture, Sports and Tourism may take the initiative in providing recommendations or coordination in connection with any matter necessary for a tourism business operator, an association of tourism business operators, or the Korea Tourism Organization (hereinafter referred to as "tourism business operator, etc.") in order to execute affairs under paragraph (1) efficiently. <Amended on Feb. 29, 2008> |
| (3) | Every tourism business operator, etc. shall comply with recommendations or coordination provided by the Minister of Culture, Sports and Tourism pursuant to paragraph (2), unless any extraordinary reason to the contrary exists. <Amended on Feb. 29, 2008> |
| Article 47-2 (Statistics of Tourism) |
| (1) | The Minister of Culture, Sports and Tourism and the head of a local government may draw up the statistics on tourism at home and abroad in order to effectively formulate and implement a master plan for development of tourism under Article 49 (1) and a plan for development of tourism by region under Article 49 (2) to utilize those statistics in the tourist industry. |
| (2) | The Minister of Culture, Sports and Tourism and the head of a local government may, if necessary to formulate the statistics on tourism, investigate the actual conditions or request any public agencies, research institutes, juristic persons, organizations, private enterprises, individuals, etc. to cooperate with him or her. |
| (3) | In addition to matters prescribed in paragraphs (1) and (2), matters necessary for preparation, management and utilization of the statistics on tourism shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 25, 2009]
| Article 47-3 (Support for Tour Activities of Persons with Disabilities) |
| (1) | The State and local governments shall establish related facilities and formulate policies necessary for increasing opportunities for persons with disabilities to take trips, and for encouraging and facilitating the tour activities of persons with disabilities. |
| (2) | To promote the rights of persons with disabilities to take trips and to enjoy tour activities, the State and local governments may render necessary support, such as subsidizing expenses incurred in performing projects for facilitating the tour of persons with disabilities and by organizations in facilitating the tour activities of persons with disabilities. |
[This Article Newly Inserted on May 28, 2014]
| Article 47-4 (Formulation of Policies to Promote Tourism Welfare of People Excluded from Tourism) |
The State and local governments shall formulate policies necessary for increasing opportunities for people excluded from tourism due to economic and social conditions, etc., and for encouraging the tourism activities thereof.
[This Article Newly Inserted on May 28, 2014]
| Article 47-5 (Provision and Management of Tour Vouchers) |
| (1) | The State and local governments may provide tour vouchers to people prescribed by Presidential Decree and excluded from tourism, including recipients eligible under the National Basic Livelihood Security Act and low income earners. |
| (2) | The State and local governments may request the heads of relevant agencies to provide materials prescribed by Presidential Decree, including materials about family relation certificates, national taxes, local taxes, land, buildings, the National Health Insurance, and the National Pension, as necessary for verifying eligibility for tour vouchers and appropriateness of continued eligibility, and the heads of the relevant agencies shall comply with such request, save in exceptional circumstances: Provided, That this shall not apply to matters verifiable through administrative data matching under Article 36 (1) of the Electronic Government Act. |
| (4) | The State and local governments may designate an organization solely in charge of tour voucher-related affairs, as prescribed by Presidential Decree, to efficiently perform such affairs, as issuing tour vouchers, and establishing and operating the information system. |
| (5) | Except as provided in paragraphs (1) through (4), the provision and use of tour vouchers, and other necessary matters, shall be prescribed by Presidential Decree. |
| (6) | The Minister of Culture, Sports and Tourism may manage tour vouchers by consolidating them with vouchers prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, including culture vouchers provided and managed under Article 15-4 of the Culture and Arts Promotion Act. |
[This Article Newly Inserted on May 28, 2014]
| Article 47-6 (Support for International Cooperation and Overseas Expansion) |
| (1) | The Minister of Culture, Sports and Tourism may support the following projects in order to facilitate the international cooperation and overseas expansion of the tourism industry: |
| 1. | Support for holding or participating in international exhibitions; |
| 2. | Attraction of foreign capital investment; |
| 3. | Overseas marketing and promotion activities; |
| 4. | Providing information on overseas expansion; |
| 5. | Establishing an export-related cooperation system; |
| 6. | Other projects necessary for international cooperation and overseas expansion. |
| (2) | In order to support any project prescribed in paragraph (1) efficiently, the Minister of Culture, Sports and Tourism may entrust the relevant project to such institution or organization prescribed by Presidential Decree or require such institution or organization to conduct the relevant project on its behalf, and may subsidize the necessary expenses. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 47-7 (Projects for Promoting Tourism Industry) |
The Minister of Culture, Sports and Tourism may conduct the following projects, as prescribed by Presidential Decree, in order to promote the tourism industry:
| 1. | Investigation of, research on and planning of policies and institutions for developing the tourism industry; |
| 2. | Promoting tourism-related business start-up, and supporting the growth and development of business founders; |
| 3. | Training tourism industry professionals and analyzing the supply of and demand for those professionals; |
| 4. | Research on, development of, and practical use of technologies related to the tourism industry; |
| 5. | Identifying and fostering local-specific tourism products, services, etc.; |
| 6. | Other matters necessary to promote the tourism industry. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 48 (Public Relations for Tourism and Development of Tourism Resources) |
| (1) | The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may coordinate public relations activities for tourism in Korea and overseas, examine promotional materials for tourism, or provide any other support necessary for the promotion of international tourism and the sound development of national tourism. <Amended on Feb. 29, 2008> |
| (2) | The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may, if necessary for promoting public relations activities for tourism pursuant to paragraph (1), provide recommendation to tourism business operator, etc. or provide guidance in connection with any matter necessary for a periodic survey on overseas tourism markets, production of promotional materials for tourism, operation of tourist information centers, etc., as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (3) | The head of a local government, a tourism business operator, or a person who has obtained approval for a development plan for a tourist destination or a tourism complex prescribed in Article 54 (1) may install outdoor advertisements that provide information or advertise tourism resources, such as tourist destinations, a tourism complex, a special tourist zone, and tourism facilities, as prescribed by Presidential Decree, notwithstanding the provisions of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry. <Amended on Jan. 6, 2016> |
| (4) | The Minister of Culture, Sports and Tourism and the head of each local government may promote the following projects, as prescribed by Presidential Decree, in order to attract tourists, improve tourism welfare, and promote tourism: <Amended on Feb. 29, 2008; Feb. 3, 2016> |
| 1. | Projects for developing cultural, sports, leisure, and industrial facilities as tourism resources; |
| 2. | Projects for developing marine tourism and developing natural ecosystem as tourism resources; |
| 3. | Projects for developing a variety of tourism programs; |
| 4. | Projects for improving welfare in national tourism; |
| 5. | Projects for utilizing idle resources as tourism resources. |
| Article 48-2 (Regional Festivals) |
| (1) | The Minister of Culture, Sports and Tourism may investigate or appraise the actual conditions of regional festivals for the systematic fostering and revitalization of regional festivals. |
| (2) | The Minister of Culture, Sports and Tourism may offer an opinion on development directions, including the merger and abolition of regional festivals, etc. to the head of a local government or give advice to him or her. |
| (3) | The Minister of Culture, Sports and Tourism may, in order to develop and foster various regional tourism resources, designate an excellent regional festival as a cultural tourism festival and provide support to it. |
| (4) | Matters necessary for standards for designation of and methods for supporting a cultural tourism festival under paragraph (3) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 25, 2009]
| Article 48-3 (Revitalization of Sustainable Tourism) |
| (1) | The Minister of Culture, Sports and Tourism may take necessary measures, such as providing information and financial support, etc. in order to promote the development of sustainable tourism resources, which can help minimize the use of energy and resources, cope with climate change, reduce environmental destruction, strike a balance with the lives of local residents, and achieve a win-win development with the local economy. <Amended on Dec. 3, 2019> |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu may designate an area as a special management area where such area is deemed to require special management because an intolerable level of tourist visits is likely to harm its natural environment or to cause disturbance in the peaceful life of the local residents, as prescribed by municipal ordinances. In such cases, if a special management area extends over at least two Sis/Guns/Gus within the same City/Do, the Mayor/Do Governor shall designate the special management area, while if such area extends over at least two Cities/Dos, the relevant Mayors/Do Governors shall jointly designate the area.<Newly Inserted on Dec. 3, 2019; Apr. 13, 2021> |
| (3) | Where deemed necessary to designate an area as a special management area, the Minister of Culture, Sports and Tourism may recommend the Mayor/Do Governor or the head of a Si/Gun/Gu to designate the relevant area as a special management area. <Newly Inserted on Apr. 13, 2021> |
| (4) | When the Mayor/Do Governor or the head of a Si/Gun/Gu designates a special management area, or changes or cancels designation thereof, he or she shall hear opinions from residents in advance and have a consultation thereon with the Minister of Culture, Sports and Tourism and the head of a relevant administrative agency, as prescribed by Presidential Decree: Provided, That any change is made to minor matters prescribed by Presidential Decree, the same shall not apply. <Newly Inserted on Dec. 3, 2019; Apr. 13, 2021> |
| (5) | When the Mayor/Do Governor or the head of a Si/Gun/Gu designates a special management area, or changes or cancels designation thereof, he or she shall give public notice of such information as the location and space of the special management area, designation date, reasons for designation, change, and cancellation, measures taken in the special management area, and other matters determined by municipal ordinances and shall submit such information to the Minister of Culture, Sports and Tourism. <Newly Inserted on Dec. 3, 2019; Apr. 13, 2021> |
| (6) | The Mayor/Do Governor or the head of a Si/Gun/Gu may take necessary measures with regard to special management areas, such as placing restrictions on hours of tourist visits, collecting fees for using, or restricting the passage of tourists, as prescribed by municipal ordinances. <Newly Inserted on Dec. 3, 2019; Apr. 13, 2021> |
| (7) | The Mayor/Do Governor or the head of a Si/Gun/Gu may impose on and collect from a person who violates municipal ordinances prescribed in paragraph (6) an administrative fine not exceeding 10 million won pursuant to Article 27 of the Local Autonomy Act. <Newly Inserted on Apr. 13, 2021> |
| (8) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall post signs in a special management area, indicating the extent of the relevant area, measures taken, etc. <Newly Inserted on Apr. 13, 2021> |
| (9) | The Minister of Culture, Sports and Tourism shall manage the current status of designation of special management areas and disclose information related thereto, and may provide necessary support to local governments which designate and operate special management areas and their residents, etc. <Newly Inserted on Apr. 13, 2021> |
| (10) | Matters necessary for the designation and operation of special management areas, including the requirements and procedures for the designation of such areas, shall be prescribed by ordinance of the relevant local government. <Newly Inserted on Apr. 13, 2021> |
[This Article Newly Inserted on Mar. 25, 2009]
| Article 48-4 (Plans to Train and Utilize Culture and Tour Guides) |
| (1) | To train and utilize culture and tour guides effectively and systematically, the Minister of Culture, Sports and Tourism shall annually formulate a plan to train and utilize culture and tour guides and inform the heads of local governments of such plan. |
| (2) | The heads of local governments shall annually formulate and implement a plan to operate culture and tour guides based on the plan to train and utilize culture and tour guides formulated under paragraph (1), in consideration of the estimated number of tourists, the current situations of tourism resources, the demand for culture and tour guides, and other factors. In such cases, such plan shall include the training, placement, and utilization of culture and tour guides, and other matters. |
[This Article Newly Inserted on Apr. 5, 2011]
| Article 48-5 (Development of Activity-Based Tour Programs) |
The Minister of Culture, Sports and Tourism or the heads of local governments may develop and distribute activity-based tour programs to provide tourists with opportunities for experience connected with tourism resources, including history, culture, arts, and nature, and to promote tourism. In such cases, he or she or they shall develop activity-based tour programs for persons with disabilities.
[This Article Newly Inserted on Apr. 5, 2011]
| Article 48-6 (Establishment and Operation of Training Courses for Nurturing Culture and Tour Guides) |
| (1) | The Minister of Culture, Sports and tourism or the Mayor/Do Governor may establish and operate training courses for nurturing culture and tour guides. |
| (2) | Matters necessary for establishing and operating training courses prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and tourism. |
[This Article Wholly Amended on Dec. 11, 2018]
| Article 48-7 Deleted. <Dec. 11, 2018> |
| Article 48-8 (Selection and Utilization of Culture and Tour Guides) |
| (1) | The Minister of Culture, Sports and Tourism or the heads of local governments may select and utilize a person who has completed the training courses prescribed in Article 48-6 (1) as a culture and tour guide. <Amended on Dec. 11, 2018> |
| (2) | When selecting culture and tour guides pursuant to paragraph (1), the Minister of Culture, Sports and Tourism or the heads of local governments may qualify those who have undergone an assessment of theories and practice and have completed at least three months’ practicum, as culture and tour guides, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (3) | The Minister of Culture, Sports and Tourism or the heads of local governments may subsidize the expenses, etc. incurred in relation to the activities of culture and tour guides, within budgetary limits. |
| (4) | The selection, placement, and utilization of culture and tour guides, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Apr. 5, 2011]
| Article 48-9 (Establishment of Regional Tourism Conference) |
| (1) | Tourism business operators, tourism-related business operators, tourism-related organizations, residents, etc. may jointly establish a regional tourism conference (hereinafter referred to as "conference") at the level of metropolitan or basic local government for the promotion of tourism in the region. |
| (2) | Interested persons in the region shall equally participate in a conference for the promotion of tourism in the region, and those who intend to establish a conference shall obtain permission from the head of the relevant local government. |
| (3) | A conference shall be a corporation. |
| (4) | A conference shall conduct the following affairs: |
| 1. | Affairs to improve preparations to develop tourism in the region; |
| 2. | Affairs to support advertising and marketing of regional tourism; |
| 3. | Support to tourism business operators, tourism-related business operators, and tourism-related organizations; |
| 4. | Profit-making business through affairs under subparagraphs 1 through 3; |
| 5. | Affairs entrusted by a local government. |
| (5) | Expenses incurred in the operation, etc. of a conference shall be covered by membership fees paid by its members, proceeds from its business, etc., and the head of a local government may subsidize some of expenses incurred in the operation, etc. of the conference within budgetary limits. |
| (6) | Matters necessary for the establishment of a conference, support, etc. shall be prescribed by local ordinance of the relevant local government. |
| (7) | Except as provided in this Act, the provisions concerning an incorporated association of the Civil Act shall apply mutatis mutandis to a conference. |
[This Article Newly Inserted on May 18, 2015]
| Article 48-10 (Korea Tourism Quality Certification) |
| (1) | With respect to the facilities, services, etc. for tourism business and any other business closely related thereto which are business prescribed by Presidential Decree (hereinafter referred to as “facilities, etc.”), the Minister of Culture, Sports and Tourism may grant a quality certification (hereinafter referred to as “the Korea Tourism Quality Certification”) to enhance the convenience of tourists and improve the level of tourism services. |
| (2) | A person who has obtained the Korea Tourism Quality Certification may indicate the certification mark or publicize such fact, as prescribed by Presidential Decree. |
| (3) | No person other than those who has obtained the Korea Tourism Quality Certification shall indicate the certification mark or any mark similar thereto or publicize as if he or she obtained the Korea Tourism Quality Certification. |
| (4) | The Minister of Culture, Sports and Tourism may provide the following support to the facilities, etc. which has obtained the Korea Tourism Quality Certification: |
| 2. | Publicity at home or abroad; |
| 3. | Other matters necessary for operating and improving the facilities, etc. |
| (5) | The Minister of Culture, Sports and Tourism may, if necessary for the Korea Tourism Quality Certification, request a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a relevant agency to submit data. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the head of a relevant agency, upon receipt of such request, shall comply therewith, except in extenuating circumstances. |
| (6) | With respect to the Korea Tourism Quality Certification, the standards of, procedures for, and methods of granting the Korea Tourism Quality Certification, and other matters necessary for operating the Korea Tourism Quality Certification System shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 48-11 (Revocation of Korea Tourism Quality Certification) |
Where a person who has obtained the Korea Tourism Quality Certification falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may revoke such certification: Provided, That he or she falls under subparagraph 1, such certification shall be revoked:
| 1. | Where the person has obtained certification by fraud or other improper means; |
| 2. | Where the person fails to meet the standard for certification under Article 48-10 (6). |
[This Article Newly Inserted on Mar. 13, 2018]
CHAPTER V DEVELOPMENT OF TOURIST DESTINATIONS, ETC.
SECTION 1 Development of Tourist Destinations and Tourism Complexes
| Article 49 (Master Plans for Development of Tourism) |
| (1) | The Minister of Culture, Sports and Tourism shall establish a master plan for the nationwide development of tourism (hereinafter referred to as "master plan"), which includes the following descriptions, for the efficient development and management of tourism resources: <Amended on Feb. 29, 2008> |
| 1. | Matters concerning overall conditions and trends of the nationwide tourism; |
| 2. | Matters concerning the nationwide supply of and demand for tourism; |
| 3. | Basic matters concerning the protection, development, utilization, and management of tourism resources; |
| 4. | Matters concerning the creation of tourist zones; |
| 5. | Matters concerning the basic direction of the development of tourism for each tourist zone; |
| 6. | Other matters necessary for the development of tourism resources. |
| (2) | The Mayor/Do Governor (excluding a Special Self-Governing Province Governor) shall establish a plan for zonal development of tourism (hereinafter referred to as "zonal plan") that includes the following matters for regions demarcated by the master plan: <Amended on Jun. 5, 2008; Mar. 25, 2009> |
| 1. | Matters concerning conditions and trends of tourism in the region; |
| 2. | Matters concerning the supply of and demand for tourism in the region; |
| 3. | Matters concerning the protection, development, utilization and management of tourism resources; |
| 4. | Matters concerning the development, re-arrangement, supplementation of tourist destinations and tourism complexes; |
| 4-2. | Matters concerning appraisal of performance of a tourist resort and a tourist complex; |
| 5. | Matters concerning connection of tourist destinations; |
| 6. | Matters concerning promotion of tourism projects; |
| 7. | Matters concerning environmental conservation; |
| 8. | Other matters necessary for the development, management and appraisal of tourism resources in the region. |
| Article 50 (Master Plans) |
| (1) | The Mayor/Do Governor shall submit to the Minister of Culture, Sports and Tourism a written demand for tourism development projects necessary for establishing the master plan, and the Minister of Culture, Sports and Tourism shall integrate and adjust such demands to establish the master plan, and shall issue a public notice thereof. <Amended on Feb. 29, 2008> |
| (2) | The Minister of Culture, Sports and Tourism shall consult with the heads of relevant ministries and administrations before finalizing and publicly announcing the master plan prepared. <Amended on Feb. 29, 2008> |
| (3) | The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to modification of the finalized master plan. |
| (4) | The Minister of Culture, Sports and Tourism may demand that the head of a relevant agency furnish him or her with material necessary for preparing the master plan or request cooperation from him or her, and the head of each agency shall, upon receipt of such demand or request, comply with the demand or request, unless there exist justifiable grounds otherwise. <Amended on Feb. 29, 2008> |
| (1) | A zonal plan shall be established by the Mayor/Do Governor (excluding a Special Self-Governing Province Governor; hereafter the same shall apply in this Article) having jurisdiction over the relevant region: Provided, That if a region involved in a zonal plan stretches over two or more Cities or Dos, the zonal plan for such region shall be established under an agreement between the relevant Mayors/Do Governors, however, if they fail to reach an agreement, the Mayor/Do Governor designated by the Minister of Culture, Sports and Tourism shall prepare the plan. <Amended on Feb. 29, 2008; Jun. 5, 2008> |
| (2) | The Mayor/Do Governor shall finalize the zonal plan prepared pursuant to paragraph (1) after adjustment by the Minister of Culture, Sports and Tourism and consultation with the heads of the relevant ministries and administrations. In such cases, the heads of the relevant ministries and administrations shall, upon receipt of a request for consultation, present his or her opinion within 30 days after such request is made, unless there exists any special reason otherwise. <Amended on Jul. 19, 2007; Feb. 29, 2008> |
| (3) | Once the zonal plan is finalized, the Mayor/Do Governor shall issue a public notice of the gist thereof. |
| (4) | The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to revisions to the finalized zonal plan: Provided, That modification of a trivial matter specified by Presidential Decree shall be approved by the Minister of Culture, Sports and Tourism in lieu of consultation with the heads of relevant ministries or administrations. <Amended on Feb. 29, 2008> |
| (5) | Other matters necessary for standards, methods, etc. for the establishment of a zonal plan shall be determined by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. <Newly Inserted on Jun. 9, 2020> |
| Article 52 (Designation of Tourist Destinations) |
| (1) | Tourist destinations and tourism complexes (hereinafter referred to as "tourist destinations, etc.") shall be designated by the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, upon receipt of an application from the head of a Si/Gun/Gu: Provided, That in cases of a Special Self-Governing City and a Special Self-Governing Province, the designation shall be made by the Special Self-Governing City Mayor and the Special Self-Governing Province Governor. <Amended on Feb. 29, 2008; Jun. 5, 2008; Mar. 25, 2009; Jun. 12, 2018> |
| (2) | The Mayor/Do Governor who intends to designate tourist destinations, etc. prescribed in paragraph (1), shall consult with the Minister of Culture, Sports and Tourism and the heads of the relevant administrative agencies in advance: Provided, That the foregoing shall not apply where he or she intends to designate an area already determined and publicly notified as a planning management area under Article 36 (1) 2 (c) of the National Land Planning and Utilization Act (which means an area determined and publicly notified as a quasi-urban area under Article 8 of the previous Act on the Utilization and Management of the National Territory, where an area has not been designated by the urban or military management plan under the provisions of that Act) as a tourist destination, etc. under Article 30 of said Act. <Amended on Apr. 5, 2011; Apr. 14, 2011> |
| (3) | Upon receipt of a request for consultation under the main sentence of paragraph (2), the Minister of Culture, Sports and Tourism and the head of the relevant administrative agency shall present his or her opinions within 30 days after receipt of such request, except where there are special provisions in the relevant statutes or regulations, including the Environmental Impact Assessment Act, or where there is any good cause. <Amended on Jun. 12, 2018> |
| (4) | Where the Minister of Culture, Sports and Tourism and the head of the relevant administrative agency fail to present his or her opinions within the period prescribed in paragraph (3) (referring to an extended period if the answering period has been extended under Article 20 (2) of the Civil Petitions Treatment Act), it shall be deemed that consultation has been held. <Newly Inserted on Jun. 12, 2018> |
| (5) | The cancellation of designation of tourist destinations, etc. or any change in the area thereof shall be made in accordance with the procedures for the designation of tourist destinations. In such cases, a minor change in the area specified by Presidential Decree may be made without any consultation held under the main sentence of paragraph (2). <Amended on Jul. 19, 2007; Jun. 12, 2018> |
| (6) | The Mayor/Do Governor who has made designation, cancellation of designation, or change in an area pursuant to paragraph (1) or (5), shall issue a public notice thereof. <Amended on Jul. 19, 2007; Jun. 12, 2018> |
| Article 52-2 (Restrictions on Acts) |
| (1) | A person who intends to conduct any act prescribed by Presidential Decree within an area designated and publicly notified as a tourist destination, etc., such as construction of buildings, installation of structures, change in the form and quality of land, gathering of soil and stone, division of land, and piling-up of goods, shall obtain permission therefor from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu. The foregoing shall also apply to any change made to permitted matters. |
| (2) | Notwithstanding paragraph (1), any act for emergency measures necessary for restoration or relief from a disaster may be conducted without permission under paragraph (1). |
| (3) | A person who has initiated any construction or project for an act requiring permission under paragraph (1), for which permission has already been obtained in accordance with applicable statutes or regulations at the time of designation and public notice of tourist destinations, etc., or for an act not requiring permission, may continue to implement such construction or project after filing a report thereon with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (4) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a person who violates paragraph (1) to reinstate the relevant area, and if such person who is issued such order fails to comply therewith, he or she may vicariously execute the order under the Administrative Vicarious Execution Act. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 53 (Research and Survey) |
| (1) | If necessary for preparing master and zonal plans or designating a tourist destination, etc., the Mayor/Do Governor may conduct a research and a survey on the relevant area. <Amended on Jul. 19, 2007> |
| (2) | If necessary for the research and survey under paragraph (1), the Mayor/Do Governor may enter the land occupied by other persons. |
| Article 54 (Formulation of Development Plans) |
| (1) | The head of a Si/Gun/Gu having jurisdiction over a tourist destination, etc. shall formulate a development plan and obtain approval therefor from the Mayor/Do Governor. The foregoing shall also apply to revision to such plan (excluding modification of minor matters specified by Presidential Decree): Provided, That a public corporation specified by Ordinance of the Ministry of Culture, Sports and Tourism, including public institutions, or a private developer that intends to develop a tourism complex (hereinafter referred to as "tourism complex developer") may formulate a development plan and obtain approval therefor from the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Apr. 5, 2011> |
| (2) | The Mayor/Do Governor who intends to approve a development plan or any revision to such plan prescribed in paragraph (1) shall consult with the heads of the relevant administrative agencies. In such cases, the heads of the relevant administrative agencies, upon receipt of a request for such consultation, shall present their opinions within 30 days after such request is made, except in extenuating circumstances. <Amended on Jul. 19, 2007> |
| (3) | The Mayor/Do Governor who has approved a development plan or any revision to such plan pursuant to paragraph (1) shall issue a public notice thereof without delay. <Amended on Jul. 19, 2007> |
| (4) | Subparagraph 13 of Article 58 and Article 61 shall not apply to a tourism complex developed by a private developer: Provided, That the foregoing shall not apply to any parcel of private land remaining after acquiring at least 2/3 of private land within the area to be developed under the relevant development plan. <Amended on Mar. 25, 2009> |
| (5) | Notwithstanding paragraphs (1) through (3), a Special Self-Governing City Mayor and a Special Self-Governing Province Governor having jurisdiction over tourist destinations, etc. shall formulate a development plan in consultation with the head of the relevant administrative agency; and shall issue a public notice thereof without delay upon formulating such development plan. <Newly Inserted on Jun. 5, 2008; Jun. 12, 2018> |
| (6) | Where a person who intends to conduct a project for implementing a development plan (hereinafter referred to as “development project”), other than a person who obtains approval of a development plan under paragraph (1) (including where a development plan is formulated by a Special Self-Governing City Mayor and a Special Self-Governing Province Governor under paragraph (5); hereinafter referred to as “project executor”), acquires at least 2/3 of the privately-owned land, out of the land to be developed, a request may be made to such project executor (excluding where a project executor is a tourism complex developer) to purchase the remainder of the privately-owned land, as prescribed by Presidential Decree. <Newly Inserted on Dec. 3, 2019> |
| Article 55 (Implementation of Development Plans) |
| (1) | Except as otherwise provided in this Act or any other statutes or regulations, a development project shall be performed by a project executor. <Amended on Jun. 5, 2008; Jun. 12, 2018; Dec. 3, 2019> |
| (2) | Where a person who intends to develop a tourism destination, etc. by obtaining approval of his or her development plan prescribed in Article 54 has purchased land required for a development project with approval from the Mayor/Do Governor, as prescribed by Presidential Decree, to promote the development of tourist destinations, etc. before the relevant development plan was approved, such person shall be deemed to have purchased the land in his or her capacity as the project executor. <Amended on Dec. 11, 2018> |
| (3) | A person, other than a project executor, who intends to execute a development project may, in accordance with guidelines and procedures prescribed by Presidential Decree, perform such development project, upon obtaining approval from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, if the project executor is a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu; or in consultation with a tourism complex developer, if the project executor is such tourism complex developer. <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| (4) | A person, other than a project executor, who intends to perform a development project (limited to projects for which the head of a Si/Gun/Gu obtained approval for a development plan; hereafter the same shall apply in this paragraph) may perform such development project without obtaining approval from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, if he or she has obtained approval for a business plan prescribed in Article 15 (1) and (2), notwithstanding paragraph (3). <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| (5) | A tourism complex developer specified by Ordinance of the Ministry of Culture, Sports and Tourism, including a public institution that intends to develop a tourism complex, may outsource affairs relating to purchasing of the land required and the compensation for losses to the head of the competent local government, as prescribed by Presidential Decree (this clause shall be applicable to a private developer only where the remaining parcels of land prescribed in the proviso of Article 54 (4) are expropriated or used). <Amended on Feb. 29, 2008; Apr. 5, 2011> |
| Article 56 (Invalidation and Cancellation of Designation of Tourist Destinations) |
| (1) | If no application has been filed to approve a development plan under Article 54 (1) for tourist destination, etc. already designated and publicly notified pursuant to Article 52 within two years from the date of said public notice, the designation of said tourist destination, etc. shall become invalid on the day after two years have passed since such public notice was made. The foregoing shall also apply where no application has been filed to approve a new development plan for a tourist destination, etc. for which the development plan has become invalid pursuant to paragraph (2) within two years from the day the development plan was invalidated. <Amended on Apr. 5, 2011> |
| (2) | If the project executor of a tourist destination, etc., the development plan of which was approved pursuant to Article 54 (1) (including persons who perform a development project pursuant to Article 55 (3)) fails to commence the project within two years after the approval of the development plan was publicly notified pursuant to Article 54 (3), the approval of such development plan shall become invalid on the day following the second anniversary of the public notice of approval for the development plan. <Amended on Apr. 5, 2011> |
| (3) | Where a private developer who has obtained approval of a development plan under Article 54 (1) causes severe harm to the environment and fine view by suspension of the project, etc. or where it is deemed unlikely that the development project will be successful based on the results of the performance evaluation of the tourist destinations and tourist complexes under Article 49 (2) 4-2, the Mayor/Do Governor may revoke approval of the development plan or may issue an order to take measures for improvement thereof. <Amended on Dec. 3, 2019> |
| (4) | Notwithstanding paragraphs (1) and (2), the Mayor/Do governor may, if deemed unavoidable to extend the deadline for filing an application for approval of a development plan or commencing a project due to any unavoidable cause, such as following administrative procedures, extend such deadline within a maximum of one year on one occasion only. |
| (5) | If designation or approval becomes invalid pursuant to paragraph (1) or (2) or if approval is revoked pursuant to paragraph (3), the Mayor/ Do Governor shall issue a public notice thereof without delay. |
[Title Amended on Apr. 5, 2011]
| Article 57 (Preferential Installation of Public Facilities) |
The State, a local government, or a project executor shall make efforts to install, first and foremost, public facilities, such as roads, electricity, water supply and sewerage works, for the development project of a tourist destination, etc. and the operation thereof.
| Article 57-2 (Installation of Electric Facilities in Tourist Complexes) |
| (1) | Any person who supplies electricity to a tourist complex shall, where a request is made by the executor of a tourist complex development project, install the main electric facilities and power distribution facilities for supply of electricity to a tourist complex to the road determined as urban or military planning facilities as part of a plan for development of a tourist complex, and the specific scope of installation shall be prescribed by Presidential Decree. <Amended on Apr. 14, 2011> |
| (2) | Any person who supplies electricity shall bear the expenses for installation of the main electric facilities and power distribution facilities supplying electricity to a tourist complex pursuant to paragraph (1): Provided, That where the main electric facilities and power distribution facilities are installed under the ground at the request of the executor of a tourist complex development project, enterprise moving into the tourist complex, local government, etc. any person who supplies electricity and any person who requests installation of such facilities under the ground shall bear the expenses for installation at the rate of 50/100 each. |
[This Article Newly Inserted on Mar. 25, 2009]
| Article 58 (Authorization and Permission Deemed Granted) |
| (1) | Where the head of a Si/Gun/Gu has obtained approval for his or her development plan or any revision thereto prescribed in Article 54 (1) or where a Special Self-Governing City Mayor and a Special Self-Governing Province Governor have formulated a development plan in consultation with the head of a relevant administrative agency prescribed in Article 54 (5), the following authorization, permission, etc. shall be deemed granted or the following report shall be deemed filed: <Amended on Jul. 19, 2007; Dec. 27, 2007; Mar. 21, 2008; Jun. 5, 2008; Mar. 25, 2009; Apr. 15, 2010; May 31, 2010; Apr. 5, 2011; Apr. 14, 2011; Jan. 14, 2014; Jun. 12, 2018; Jan. 29, 2020> |
| 1. | A decision on an urban or Gun management plan prescribed in Article 30 of the National Land Planning and Utilization Act (limited to a plan for infrastructure prescribed by Presidential Decree among plans referred to in subparagraph 4 (c) of Article 2 of that Act, and a plan to designate a district-unit planning zone and a district-unit plan under Article 51 of that Act among plans referred to in item (e) of that subparagraph); approval for a topographic map prescribed in Article 32 (2) of that Act; designation of a planned management zone in any area, other than an urban area, within a special-purpose zone prescribed in Article 36 of that Act; designation of a development promotion district within a special-purpose area prescribed in Article 37 of that Act; permission for development activities prescribed in Article 56 of that Act; designation of an executor of an urban or Gun planning facility project prescribed in Article 86 of that Act; or approval for an implementation plan prescribed in Article 88 of that Act; |
| 4. | Permission to occupy and use, or use public waters prescribed in Article 8 of the Public Waters Management and Reclamation Act; approval for or reporting on an implementation plan for occupation or use prescribed in Article 17 of that Act; a license to reclaim public waters prescribed in Article 28 of that Act; consultation on or approval for reclamation executed by the State, etc. prescribed in Article 35 of that Act; or approval for an implementation plan to reclaim public waters prescribed in Article 38 of that Act; |
| 5. | Deleted; <Apr. 15, 2010> |
| 6. | Permission for river works, etc. or approval for an implementation plan prescribed in Article 30 of the River Act; permission to occupy and use or authorization of an implementation plan prescribed in Article 33 of that Act; |
| 20. | Approval for a business plan for a tourist accommodation business prescribed in Article 15 (1) or a tourist facilities business or an international conference business prescribed in Article 15 (2): Provided, That the foregoing shall only apply where the person who has formulated a business plan prescribed in Article 15 and the project executor of the development project prescribed in Article 55 (1) are the same person; |
| 23. | Reports on commencement or alteration of a project prescribed in Article 86 (1) of the Act on the Establishment and Management of Spatial Data. |
| (2) | A person who intends to obtain authorization, permission, etc. deemed granted under paragraph (1) shall submit relevant documents prescribed by the relevant statute, when he or she applies for approval for his or her development plan or any revision to such development plan. <Newly Inserted on Jul. 19, 2007> |
| (3) | Where the Mayor/Do Governor intends to approve a development plan or any revision to such development plan that includes any matters set forth in the subparagraphs of paragraph (1), he or she shall consult with the heads of relevant administrative agencies in advance; and upon approving the development plan or any revision thereto, shall notify the heads of the relevant administrative agencies of the details without delay. <Newly Inserted on Jul. 19, 2007> |
| Article 58-2 (Completion Inspection) |
| (1) | When a project executor has completed the whole or part of a development project of a tourist destination, etc., it shall, without delay, undergo a completion inspection by the Mayor/Do Governor, as prescribed by Presidential Decree. In such cases, the Mayor/Do Governor shall consult with the head of the related administrative agency in advance on the execution of the relevant completion inspection. |
| (2) | Where a project executor has undergone the completion inspection under paragraph (1), it shall be deemed to have undergone the completion inspection or have obtained approval for the completion of the relevant project in conformity with approval, permission, etc. prescribed in the subparagraphs of Article 58 (1). |
[This Article Newly Inserted on Mar. 25, 2009]
| Article 58-3 (Jurisdiction of Public Facilities) |
| (1) | Where a project executor has installed new public facilities or facilities replacing existing public facilities under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act as a result of the execution of a development project, Article 65 of that Act shall apply mutatis mutandis to their jurisdiction. In such cases, "cases where it is not an administrative agency" shall be construed as "cases where it is a project executor". |
| (2) | Where public facilities, etc. under paragraph (1) are to be registered, a written approval for the development plan and a certificate of the inspection for the completion may replace documents verifying the cause of registration under the Registration of Real Estate Act. |
| (3) | Where the National Land Planning and Utilization Act is applied mutatis mutandis pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall be deemed to be a managing agency for roads, rivers, ditches, etc. and the Minister of Strategy and Finance for the rest of the property, among the property whose managing agency is unclear. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 25, 2009]
| Article 58-3 (Jurisdiction of Public Facilities) |
| (1) | Where a project executor has installed new public facilities or facilities replacing existing public facilities under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act as a result of the execution of a development project, Article 65 of that Act shall apply mutatis mutandis to their jurisdiction. In such cases, "cases where it is not an administrative agency" shall be construed as "cases where it is a project executor". |
| (2) | Where public facilities, etc. under paragraph (1) are to be registered, a written approval for the development plan and a certificate of the inspection for the completion may replace documents verifying the cause of registration under the Registration of Real Estate Act. |
| (3) | Where the National Land Planning and Utilization Act is applied mutatis mutandis pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall be deemed to be a managing agency for roads, ditches, etc., the Minister of Environment for rivers, and the Minister of Strategy and Finance for the rest of the property, among the property whose managing agency is unclear. <Amended on Dec. 31, 2020> |
[This Article Newly Inserted on Mar. 25, 2009]
[Enforcement Date: Jan. 1, 2022] Article 58-3
| Article 59 (Disposal of Tourist Destinations) |
| (1) | Any project executor may sell or lease wholly or partially a parcel of land, a tourist facility or support facility developed, or entrust other persons with the management of such land or facility. |
| (2) | A person who purchases or leases a parcel of land, a tourist facility, or support facility, or to whom the management of such land or facility is entrusted in accordance with paragraph (1), shall succeed to the rights and obligations with respect to the parcel of land, tourist facility, or support facility. |
| Article 60 (Application Mutatis Mutandis of National Land Planning and Utilization Act) |
Except as provided in this Act, the provisions of Articles 90, 100, 130 and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the establishment and implementation of a development plan, the disposal of a tourist destination, etc. In such cases, the "Minister of Land, Infrastructure and Transport or the Mayor/Do Governor" shall be construed as "Mayor/Do Governor"; "implementation plan" as "development plan"; "authorization" as "approval"; "implementation district of the urban or Gun planning facility project" as "tourist destination"; "executor of an urban or Gun planning facility project" as "project executor"; "urban or Gun planning facility project" as "development project"; "Minister of Land, Infrastructure and Transport" as "Minister of Culture, Sports and Tourism"; and "metropolitan city plan or urban or Gun planning" as "development plan". <Amended on Feb. 29, 2008; Apr. 14, 2011; Mar. 23, 2013>
| Article 61 (Expropriation and Use) |
| (1) | A project executor may expropriate or use the following land, objects, or rights necessary for the execution of a development project under Article 55: Provided, That a project executor who desires to expropriate or use any agricultural water right or facility for farmland improvement shall obtain prior approval from the Minister of Agriculture, Food and Rural Affairs: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Rights to land, other than ownership; |
| 2. | Standing trees, buildings, or other fixtures on land, and rights thereto, other than ownership; |
| 3. | Rights concerning use of water; |
| 4. | Earth and rocks or sand and gravel on land. |
| (2) | Where no agreement on the expropriation or use under paragraph (1) has been reached or where negotiation for such agreement is impossible, a project executor may file an application for a ruling during the execution period of the development project, notwithstanding Article 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works. |
| Article 62 Deleted. <Mar. 25, 2009> |
| Article 63 (Advance Payment) |
A project executor may receive an advance payment, in full or in part, of the amount for sale or use of a parcel of land or a facility developed by him or her from any person who intends to purchase it by unit or to use it in accordance with Presidential Decree.
| Article 64 (User's Contribution and Causer's Liability) |
| (1) | Each project executor may require users of a support facility to bear all or some of expenses incurred in constructing the support facility, as prescribed by Presidential Decree. |
| (2) | If any project or activity has involved construction of a support facility, the relevant project executor may require the persons who shall be liable for the cost and expenses for such project or activity to bear all or some of the cost and expenses, as prescribed by Presidential Decree. |
| (3) | Each project executor may require persons who run their businesses in a tourist destination, etc. to bear all or some of expenses incurred in maintaining, managing, and repairing common facilities within the tourist destination, etc., as prescribed by Presidential Decree. |
| (4) | If a person liable to pay all or some of expenses or costs under paragraph (1) or paragraph (2) has an objection to such expenses or costs, he or she shall file an objection with the Minister of Culture, Sports and Tourism within 30 days after receipt of the payment notice. <Newly Inserted on Apr. 5, 2011> |
| (5) | Upon receipt of an objection filed under paragraph (5), the project executor shall review the objection within 15 days after receipt of the objection and notify the relevant applicant of the results in writing. <Newly Inserted on Apr. 5, 2011> |
| Article 65 (Forced Collection) |
| (1) | If a person obligated to pay user's contribution, causer's liability, or expenses involved in maintenance, management and repair prescribed in Article 64 fails to perform his or her obligation, the relevant project executor may request a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the relevant area to collect it, as prescribed by Presidential Decree. <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, upon receipt of a request to collect an amount payable under paragraph (1), collect it in the same manner as delinquent local taxes are collected. In such cases, the person who requested a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to collect such amount payable shall pay the Special Self-Governing City, the Special Self-Governing Province, or the Si/Gun/Gu an amount equivalent to 10/100 of that collected by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu. <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| Article 66 (Measures for Resettlement) |
| (1) | Every project executor shall prepare and implement a plan for the resettlement of people who are at risk of losing their basis for living after supplying their land, materials, or rights as a result of execution of the relevant development project, including the details prescribed by Presidential Decree. |
| (2) | Articles 78 (2) and (3), and 81 of the Act on the Acquisition of Land, etc. for Public Works Projects shall apply mutatis mutandis to the preparation of the plan for resettlement under paragraph (1). |
| Article 67 (Collection and Spending of Admission Fees) |
| (1) | Every person who has executed a development project or completed a building or any other facility in a tourist destination, etc. may collect admission fees from those who enter the tourist destination, etc. and fees for viewing or using from those who enter a tourist facility for viewing or use. |
| (2) | The scope of facilities subject to collection of admission fees, or fees for viewing or using under paragraph (1) and the amount of such fees shall be determined by ordinance of the local government in which a tourist destination, etc. are located. <Amended on Jun. 5, 2008; Jun. 12, 2018; Jun. 9, 2020> |
| (3) | Every local government that collects admission fees or fees for viewing or using under paragraph (1) shall appropriate such collection for conservation, management and development of the tourist destinations, etc. |
| Article 68 Deleted. <Mar. 25, 2009> |
| Article 69 (Management of Tourist Destinations) |
| (1) | Every project executor shall take measures necessary for the management and operation of tourist destinations, etc. |
| (2) | A project executor may entrust an organization of tourism business operators or similar organizations with the management and operation of tourist destinations, etc., if necessary. |
SECTION 2 Special Tourist Zone
| Article 70 (Designation of Special Tourist Zones) |
| (1) | A special tourist zone shall be designated by the Mayor/Do Governor at the requests of the head of a Si/Gun/Gu (excluding cases of a Special Self-Governing City Mayor and a Special Self-Governing Province Governor), from among areas satisfying each of the following requirements. In such cases, where an area to be designated as a special tourist zone spans at least two Sis/Guns/Gus in the same City/Do, the heads of the relevant Sis/Guns/Gus shall jointly designate the zone; where an area to be designated as a special tourist zone spans at least two Cities/Dos, the heads of the relevant Sis/Guns/Gus shall jointly apply for designation, and the heads of the relevant Cities/Dos shall jointly make the designation: <Amended on Jul. 19, 2007; Feb. 29, 2008; Jun. 5, 2008; Jun. 12, 2018; Dec. 24, 2018; Dec. 3, 2019> |
| 1. | The number of foreign tourists shall reach or exceed the quota prescribed by Presidential Decree; |
| 2. | There shall be facilities for tourist information, public convenience, accommodation, etc. to meet the demands of foreign tourists, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism; |
| 3. | The ratio of land that has no direct connection with tourist activities shall not exceed the guidelines prescribed by Presidential Decree; |
| 4. | No area that satisfies all the requirements prescribed in subparagraphs 1 through 3 shall be separated into several parts. |
| (2) | Article 52 (2), (3), and (5) shall apply mutatis mutandis to designation, cancellation, change of area, and public notice of special tourist zones. <Amended on Jun. 12, 2018> |
| Article 70-2 (Examination and Analysis of Application for Designation) |
Upon receipt of an application for designation of a special tourist zone under Article 70 (1), the Mayor/Do Governor shall refer such application to a specialized institution prescribed by Presidential Decree to examine whether such application meets the requirements specified in the subparagraphs of that paragraph and other matters necessary for such designation. [This Article Newly Inserted on Dec. 3, 2019]
| Article 71 (Plans for Promotion of Special Tourist Zones) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall formulate and implement plans for promotion of special tourist zones in order to help attract foreign tourists to special tourist zones located in areas under his or her jurisdiction. <Amended on Jun. 5, 2008; Jun. 12, 2018> |
| (2) | Matters necessary for formulating and implementing a plan for promotion of a special tourist zone, including details to be included in such plan prescribed in paragraph (1), shall be prescribed by Presidential Decree. |
| Article 72 (Support for Special Tourist Zones) |
| (1) | The State or a local government may render support necessary to promote a special tourist zone, including improvements of facilities for convenience in activities of foreign tourists who visit special tourist zones. |
| (2) | The Minister of Culture, Sports and Tourism may lend money or give subsidies from the Tourism Promotion and Development Fund under the Tourism Promotion and Development Fund Act for such cultural, sports, lodging, commercial, traffic and parking facilities within a special tourist zone, which are deemed particularly necessary for attracting tourists in order to facilitate convenience in activities of foreign tourists who visit special tourist zones. <Amended on Feb. 29, 2008; Mar. 25, 2009; Dec. 3, 2019> |
| Article 73 (Evaluation of Special Tourist Zones) |
| (1) | The Mayor/Do Governor may evaluate the status of implementation of the plan for promotion of each special tourist zone under Article 71, as prescribed by Presidential Decree; and may render necessary support to excellent special tourist zones which have shown good performance. <Amended on Feb. 29, 2008; Dec. 3, 2019> |
| (2) | The Mayor/Do Governor shall take necessary measures, such as cancellation of designation of a special tourist zone, adjustment of areas, and recommendation of improvements, as prescribed by Presidential Decree, against a special tourist zone, if it is found as a result of the evaluation under paragraph (1) that it fails to satisfy the requirements for designation of a special tourist zone under Article 70 or that it has shown inadequate performance in promotion of tourism. <Amended on Apr. 13, 2021> |
| (3) | The Minister of Culture, Sports and Tourism shall conduct evaluation of special tourist zones every three years in order to invigorate such zones. <Newly Inserted on Dec. 3, 2019> |
| (4) | The Minister of Culture, Sports and Tourism may provide necessary support to special tourist zones deemed to show an excellent performance upon evaluation under paragraph (3). <Newly Inserted on Dec. 3, 2019> |
| (5) | Where a special tourist zone fails to meet the requirements of designation as a special tourist zone under Article 70 or shows a poor performance upon evaluation conducted under paragraph (3), the Minister of Culture, Sports and Tourism may demand that the relevant Mayor/Do Governor take necessary measures against such zone, including revocation of designation, space adjustment, recommendation for improvement, etc., as prescribed by Presidential Decree. <Newly Inserted on Dec. 3, 2019> |
| (6) | Necessary matters regarding the details of, procedures and methods for evaluations under paragraph (3) shall be determined by Presidential Decree. <Newly Inserted on Dec. 3, 2019> |
| Article 74 (Special Cases concerning other Statutes) |
| (2) | Notwithstanding Article 43 of the Building Act, a tourism business operator prescribed by Presidential Decree within a special tourist zone, may provide performances and foods for foreign tourists at an open area (open space), as prescribed by ordinance of the relevant local government, for up to 180 days annually: Provided, That he or she shall not engage in any activities hindering the use of such open area by the general public, including installation of fences. <Newly Inserted on Apr. 5, 2011; Mar. 21, 2017> |
| (3) | If necessary for promoting a special tourist zone, the head of a local government having jurisdiction over the special tourist zone shall request the commissioner of the competent City/Do police agency or the chief of the competent police station to take measures prohibiting or restricting the use of the relevant road by motor vehicles and horses or trams defined in Article 2 of the Road Traffic Act. In such cases, notwithstanding Article 6 of the Road Traffic Act, the commissioner of the competent City/Do police agency or the chief of the competent police station, upon receipt of such request, shall take necessary measures, without delay, except in extenuating circumstances. <Newly Inserted on Apr. 5, 2011; Mar. 27, 2018; Dec. 22, 2020> |
[Title Amended on Apr. 5, 2011]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 75 Deleted. <Jul. 19, 2007> |
| Article 76 (Financial Aids) |
| (1) | The Minister of Culture, Sports and Tourism may grant subsidies to local governments, organizations of tourism business operators, or tourism business operators that run any business relating to tourism, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008> |
| (2) | Every local government may grant subsidies to an association of tourism business operators or tourism business operators that run a business related to tourism within its jurisdiction, as prescribed by municipal ordinance. |
| (3) | Notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other related statutes or regulations, the State and local governments may grant an exemption or reduction of the rent for State or public property to project executors of tourist destinations, etc., as prescribed by Presidential Decree. <Newly Inserted on Apr. 5, 2011> |
The head of each competent registration authority, etc. shall hold a hearing: <Amended on Apr. 5, 2011; Mar. 13, 2018; Dec. 11, 2018; Dec. 3, 2019>
| 1. | To revoke the qualification for an overseas tour conductor under Article 13-2; |
| 2. | To revoke registration, etc. of a tourism business or approval for a business plan under Articles 24 (2), 31 (2), or 35 (1); |
| 3. | To revoke qualification for a tourism worker under Article 40; |
| 4. | To revoke the Korea Tourism Quality Certification under Article 48-11; |
| 5. | To revoke approval for a development plan under Article 56 (3); |
| 6. | To revoke entrustment of inspections, etc. of casino machines under Article 80 (5). |
| Article 78 (Reporting and Inspection) |
| (1) | The head of each local government shall report the matters necessary for the establishment and execution of the policy on promotion of tourism and other matters necessary for the enforcement of this Act to the Minister of Culture, Sports and Tourism under as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (2) | The head of the competent registration authority may require an association of tourism business operators or tourism business operators to submit a report on their businesses, etc. documents where necessary for the establishment and implementation of policies on promotion of tourism and the enforcement of this Act. |
| (3) | The head of the competent registration authority may assign any public official under his or her control to enter an office, a place of business, business facility, etc. of an association of tourism business operators or a tourism business operator to inspect such account books, documents, and other materials where deemed necessary for the establishment and implementation of policies on promotion of tourism and the enforcement of this Act. |
| (4) | Under paragraph (3), every relevant public official shall carry an identification verifying his or her authority and present it to interested persons. |
Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: <Amended on Jul. 19, 2007; Feb. 29, 2008; Mar. 25, 2009; Apr. 5, 2011; Mar. 13, 2018; Jun. 12, 2018>
| 1. | A person who files an application for registration or revised registration of a travel business, tourist accommodation business, tourist-use facility business, or an international conference business prescribed in Article 4 (1) or (4); |
| 2. | A person who files an application for permission to operate a casino business or permission to make change prescribed in Article 5 (1) or (3); |
| 3. | A person who files an application for permission to operate an amusement facility business or permission to make changes or a report on an amusement facility business or report on change thereto prescribed in Article 5 (2) through (4); |
| 4. | A person who files an application for designation of a tourist convenience facility business prescribed in Article 6; |
| 5. | A person who files a report on succession to status prescribed in Article 8 (4) and (6); |
| 6. | A person who files an application for approval or approval for change to a business plan for a tourist accommodation business, tourist-use facility business, or an international conference business prescribed in Article 15 (1) and (2); |
| 7. | A person who files an application for rating of a tourist accommodation business prescribed in Article 19; |
| 8. | A person who intends to undergo an inspection of casino facilities prescribed in Article 23 (2); |
| 9. | A person who intends to undergo an inspection of casino machines prescribed in Article 25 (2); |
| 10. | A person who intends to undergo an inspection of casino machines prescribed in Article 25 (3); |
| 11. | A person who intends to undergo a safety inspection or an inspection verifying that a certain machine is exempt from safety inspections prescribed in Article 33 (1); |
| 12. | A person who files an application for the examination of qualifications for a tourism worker prescribed in Article 38 (2); |
| 13. | A person who files an application for registration of a tourism worker prescribed in Article 38 (2); |
| 14. | A person who files an application for re-issuance of a qualification certificate of tourism workers prescribed in Article 38 (4); |
| 15. | Deleted; <Dec. 11, 2018> |
| 16. | A person who intends to obtain the Korea Tourism Quality Certification pursuant to Article 48-10. |
| Article 80 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Culture, Sports, and Tourism may partially delegate his or her authority vested under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008> |
| (2) | The Mayor/Do Governor (excluding a Special Self-Governing City Mayor) may partially re-delegate the authority delegated by the Minister of Culture, Sports, and Tourism prescribed in paragraph (1) to the head of a Si (including the head of an administrative Si referred to in Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City), Gun or Gu, upon obtaining approval from the Minister of Culture, Sports, and Tourism. <Amended on Feb. 29, 2008; Jun. 12, 2018> |
| (3) | The Minister of Culture, Sports, and Tourism, the Mayor/Do Governor or the head of a Si/Gun/Gu may, as prescribed by Presidential Decree, fully or partially delegate his or her authority to conduct the following affairs to the Korea Tourism Organization, the Association, tourism associations for each region and business category, and other specialized research and inspection institutes, qualification test agencies, or educational institutions specified by Presidential Decree: <Amended on Jul. 19, 2007; Feb. 29, 2008; Jun. 5, 2008; Mar. 25, 2009; Apr. 5, 2011; Feb. 3, 2015; Mar. 13, 2018; Dec. 11, 2018; Dec. 24, 2018; Dec. 3, 2019> |
| 1. | Designation of tourist convenience facility businesses prescribed in Article 6 and revocation of such designation prescribed in Article 35; |
| 1-2. | Registration of overseas tour conductors and issuance of the certificates of qualifications prescribed in Article 13 (2) and (3); |
| 2. | Rating of tourist accommodation businesses prescribed in Article 19 (1); |
| 2-2. | Deleted; <Mar. 13, 2018> |
| 3. | Inspections of casino machines prescribed in Article 25 (3); |
| 4. | Safety inspections prescribed in Article 33 (1) or inspections to verify that a certain machine is exempt from safety inspections; |
| 4-2. | Safety education of safety supervisors prescribed in Article 33 (3); |
| 5. | Examination of qualifications for tourism workers and registration of such workers prescribed in Article 38 (2); |
| 7. | Establishing and operating training courses for nurturing culture and tour guides prescribed in Article 48-6 (1); |
| 8. | Granting and revocation of the Korea Tourism Quality Certification prescribed in Articles 48-10 and 48-11; |
| 9. | Evaluation of special tourist zones under Article 73 (3). |
| (4) | Executive officers and employees of the Korea Tourism Organization, the Association, tourism associations for each region and business category, specialized research and inspection institutes, or qualification test agencies that perform affairs entrusted under paragraph (3), and those executive officers and employees of inspection institutions that conduct inspections and tests prescribed in Articles 23 (2) and 25 (2) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act. <Amended on Jun. 5, 2008> |
| (5) | The Minister of Culture, Sports and Tourism, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue an order for cancellation of entrustment, full or partial business suspension by setting a period not exceeding six months, or business improvement, where a person entrusted with inspections under paragraph (3) 3 and 4 falls under any of the following cases: Provided, That such entrustment shall be cancelled in cases falling under subparagraph 1: <Newly Inserted on Dec. 3, 2019> |
| 1. | Where the person is entrusted by fraud or other improper means; |
| 2. | Where the person conducts inspections under Article 25 (3) or 33 (1) by fraud or other improper means; |
| 3. | Where the person fails to conduct inspections without just cause; |
| 4. | Where the person fails to meet the entrustment requirements prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (6) | Necessary matters regarding the standards and procedures for cancellation of entrustment and business suspension under paragraph (5) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted on Dec. 3, 2019> |
CHAPTER VII PENALTY PROVISIONS
| Article 81 (Penalty Provisions) |
A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than five years or a fine not exceeding 50 million won. In such cases, the imprisonment and the fine may be imposed concurrently:
| 1. | A person who runs a casino business without permission under Article 5 (1); |
| Article 82 (Penalty Provisions) |
Any person provided in the following subparagraphs shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. In such cases, he or she may be punished by imprisonment with labor along with a fine: <Amended on Mar. 25, 2009; May 18, 2015>
| 1. | A person who runs a travel business, a tourist accommodation business (which shall be limited to a tourist accommodation business for which a business plan has been approved pursuant to Article 15 (1)), an international conference business, or a tourist-use facility business under Article 3 (1) 3 (b) without registration under Article 4 (1); |
| 2. | A person who runs an amusement facility business without permission under Article 5 (2); |
| 3. | A person who has sold a facility by lots or offered membership of a facility, in violation of Article 20 (1) and (2); |
| 4. | A person who violates an order to suspend the use of an amusement facility or machine, etc. under Article 33-2 (3). |
| Article 83 (Penalty Provisions) |
| (1) | Any casino operator provided in the following subparagraphs (including workers referred to in the main sentence of Article 28 (1)) shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won. In such cases, he or she may be punished by imprisonment with labor along with a fine: <Amended on Jul. 19, 2007; Apr. 5, 2011; Feb. 3, 2015> |
| 1. | A casino operator who runs such business without obtaining permission for or filing a report on change under Article 5 (3); |
| 2. | A casino operator who runs such business without filing a report on succession to status, in violation of Article 8 (4); |
| 3. | A casino operator who allows any third person to operate any facility of a tourism business, other than ancillary facilities, in violation of Article 11 (1); |
| 4. | A casino operator who uses any facility without undergoing an inspection under Article 23 (2) for running such business; |
| 5. | A casino operator who uses any casino machine without undergoing an inspection under Article 25 (3) or uses any casino machine that was found to be not in compliance with officially approved standards as a result of an inspection for running such business; |
| 6. | A casino operator who destroys or removes an inspection certificate under Article 25 (4); |
| 7. | A casino operator who violates any provision of Article 28 (1) 3 through 8; |
| 8. | A casino operator who continues operating business during a period for which business is suspended, in violation of business suspension ordered under the main sentence of Article 35 (1); |
| 9. | A casino operator who violates an order of correction issued under the main sentence of Article 35 (1); |
| 10. | A casino operator who violates Article 35 (1) 19; |
| 11. | A casino operator who fails to file a report or document under Article 78 (2) or has filed a false report, or who rejects, interferes with, or evades access and an inspection by a relevant public official under paragraph (3) of said Article. |
| (2) | A person who conducts campground business without obtaining registration under Article 4 (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. In such cases, he or she may be punished by imprisonment with labor along with a fine. <Newly Inserted on Feb. 3, 2015> |
| Article 84 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or a fine not exceeding 10 million won: <Amended on Jul. 19, 2007; Mar. 25, 2009; Dec. 3, 2019; Jun. 9, 2020>
| 1. | A person who runs an amusement facility business without obtaining permission for or filing a report on a change in the amusement facility business under Article 5 (3); |
| 2. | A person who runs an amusement facility business without filing a report thereon under the former part of Article 5 (4); |
| 2-2. | A person who lends or borrows a certificate, or arranges such, in violation of Article 13 (4); |
| 2-3. | A person who conducts an inspection under Article 25 (3) or 33 (1) by fraud or other improper means; |
| 3. | A person who installs any amusement facility or machine without receiving a safety inspection, in violation of Article 33; |
| 3-2. | A person who undergoes an inspection under Article 33 (1) by fraud or other improper means; |
| 4. | A person who installs any amusement facility or machine or any part thereof, in violation of Article 34 (2); |
| 4-2. | A person who violates an order issued by the head of the competent registration agency, etc. because he or she fell under Article 35 (1) 14; |
| 5. | A person who violates an order for improvement issued by the head of the competent registration authority because it was discovered that the person fell under Article 35 (1) 20; |
| 5-2. | A person who lends or borrows a certificate, or arranges such, in violation of Article 38 (8); |
| 5-3. | A person who conducts an act specified in Article 52-2 (1) without obtaining permission or permission for changes under that paragraph; |
| 5-4. | A person who obtains permission or permission for changes under Article 52-2 (1) by fraud or other improper means; |
| 5-5. | A person who fails to comply with an order for reinstatement under Article 52-2 (4); |
| 6. | A person who carries out a development project, in violation of Article 55 (3). |
| Article 85 (Joint Penalty Provisions) |
If the representative of a legal entity or an agent or employee of, or any other person employed by, the legal entity or an individual commits an offense under any provisions of Articles 81 through 84 in connection with the business affairs of the legal entity or the individual, not only the offender shall be punished accordingly, but also the legal entity or the individual shall be punished by a fine under the relevant Article. Provided, That, this shall not apply where the legal entity or the individual did not neglect to pay considerable attention to and have supervision over the business concerned in order to prevent such offenses. [This Article Wholly Amended on Mar. 17, 2010]
| Article 86 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Newly Inserted on May 18, 2015; Dec. 3, 2019> |
| 1. | A person who fails to make notification under Article 33-2 (1); |
| 2. | A person who engages in interpretation and guide of tourists, in violation of Article 38 (6). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Apr. 5, 2011; Mar. 11, 2014; Feb. 3, 2015; May 18, 2015; Feb. 3, 2016; Mar. 13, 2018> |
| 1. | Deleted; <Apr. 5, 2011> |
| 3. | Deleted; <Apr. 5, 2011> |
| 4. | A person who fails to abide by business rules, in violation of the former part of Article 28 (2); |
| 4-2. | A person who fails to receive safety education, in violation of Article 33 (3); |
| 4-3. | A person who fails to make arrangements for safety supervisors to receive safety education, in violation of Article 33 (4); |
| 4-4. | Deleted; <Dec. 3, 2019> |
| 4-5. | A person who fails to carry a qualification certificate, in violation of Article 38 (7); |
| 5. | Deleted; <Dec. 11, 2018> |
| 6. | A person who indicates the certification mark or any mark similar thereto, in violation of Article 48-10 (3), or publicize as if he or she has obtained the Korea Tourism Quality Certification. |
| (3) | Administrative fines prescribed in paragraphs (1) and (2) shall be imposed and collected by the head of the competent registration authority, etc. as prescribed by Presidential Decree. <Amended on May 18, 2015> |
| (4) | Deleted. <Mar. 25, 2009> |
| (5) | Deleted. <Mar. 25, 2009> |
ADDENDA <Act No. 8343, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 3 of Article 58 shall enter into force on September 28, 2007. Article 2 (Transitional Measures concerning Enforcement Date)
The previous subparagraph 3 of Article 55 shall remain in force until the amended provisions of subparagraph 3 of Article 58 enter into force pursuant to the proviso of Article 1 of Addenda. Article 3 (Applicability to Additional Dues)
The amended provisions of Article 29 (2) of the Amendment (Act No. 5654) to the Tourism Promotion Act concerning additional dues shall be leviable upon the persons who have defaulted on the payment imposed and levied on or after March 22, 1999, which corresponds to the enforcement date of said Act. Article 4 (Special Exception concerning Invalidation of Designation of Tourist Destinations)
"Date of public notice" shall be construed "enforcement date of this Act" in applying the amended provisions of Article 56 (1) to the tourist destinations already designated as at the enforcement date of the Amendment (Act No. 7232) to the Tourism Promotion Act, while "date of public notice of approval for a development plan" shall be construed "enforcement date of this Act" in appling the amended provisions of paragraph (2) of said Article to the tourist destinations for which a development plan has already been approved as at the enforcement date of said Act. Article 5 (Transitional Measures concerning Korea Tourism Association)
The Korea Tourism Association, the tourism associations for each region or business category, the amusement facility businesses, the amusement facilities and machines, the inspection certificates under the previous provisions enforceable as at the enforcement date of this Act shall be deemed the Korea Tourism Association, the tourism associations for each region or business category, the amusement facility businesses, the amusement facilities and machines, the inspection certificates under this Act.
Article 6 (Transitional Measures concerning Succession to Administrative Dispositions)
The amended provisions of Article 8 (3) shall also apply to a person who has succeeded to the status of a tourism business operator after this Act enters into force from a person who became subject to the disposition of revocation, cancellation, or suspension or an order of improvement under the previous provisions before this Act enters into force. Article 7 (Transitional Measures concerning Permission for Development Projects to Any Person other than Project Executors)
If the project executor of a tourist destination, etc. as at the time the Amendment (Act No. 7232) to the Tourism Promotion Act enters into force was the Mayor/Do Governor, permission for such development project and the collection and spending of admission fees and other fees shall be governed by the previous provisions, notwithstanding the amended provisions of Articles 55 (3) and 67. Article 8 (Transitional Measures concerning Preparation and Implementation of Plans for Promotion of Special Tourist Zones)
If a special tourist zone already designated as at the time the Amendment (Act No. 7232) to the Tourism Promotion Act enters into force has an area stretching over two or more jurisdictions of Si/Gun/Gu, the preparation and implementation of the plan for promotion of such a special tourist zone shall be governed by the previous provisions, notwithstanding the amended provisions of Article 71 (1). Article 9 (General Transitional Measures concerning Dispositions)
Acts performed by or against an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed those performed by or against the administrative agency under this Act.
Article 10 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Acts performed before this Act enters into force shall be governed by the previous provisions in applying penalty provisions or provisions concerning administrative fines.
Article 11 Omitted.
Article 12 (Relationship to other Statutes or Regulations)
A citation of the previous Tourism Promotion Act or any provision thereof by any other statute or regulation as at the time this Act enters into force, if any, shall be deemed to be a citation of this Act or a corresponding provision hereof in lieu of the previous provisions, if any such corresponding provision exists herein.
ADDENDA <Act No. 8531, Jul. 19, 2007>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Designation of Tourist Convenience Facility Business) A person who has obtained designation as a tourist convenience facility business from the Mayor/Do Governor pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have obtained the designation from the Mayor/Do Governor or the head of Si/Gun/Gu pursuant to the amended provisions of this Act. |
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9005, Mar. 28, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Disqualification Provisions Applied Mutatis Mutandis to Persons who have Succeeded to Status of Casino Operator) The amended provisions of Article 8 (6) shall apply to a person who succeeds to the status of a casino operator on or after the date when this Act enters into force. |
ADDENDUM <Act No. 9097, Jun. 5, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9527, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Installation and Expenses of Electric Facilities in Tourism Complex)
The amended provisions of Article 57-2 shall begin to apply from the first project which obtains approval for a plan for development of a tourist complex after this Act enters into force. Article 3 (Transitional Measures concerning Registration of Travel Business)
A travel agency which has registered with the Mayor/Do Governor pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have registered with a Special Self-Governing Province Governor or the head of a Si/Gun/Gu pursuant to the amended provisions of Article 4 (1). Article 4 (Transitional Measures concerning Tourism Business of Persons Qualified for Interpretation and Guide of Tourists)
| (1) | Where a travel agency intended for foreign tourists, notwithstanding the amended provisions of Article 38 (1), has difficulty in securing persons who have qualifications for interpretation and in guiding of tourists, it may let persons who have completed a course of study approved by the Minister of Culture, Sports and Tourism be engaged in interpretation and guiding of tourists for one year from the enforcement date of this Act. |
| (2) | The Minister of Culture, Sports and Tourism shall issue a temporary certificate of qualification to persons who have completed a course of study under paragraph (1). |
| (3) | A temporary certificate of qualification pursuant to paragraph (2) shall be effective until the day when one year has passed from the enforcement date of this Act. |
Article 5 (Transitional Measures concerning Special Cases of Compensation for Land of which Transfer of Ownership Has not Been Registered)
Where a written confirmation has been issued or an application for issuance of a written confirmation has been filed pursuant to the previous provisions of Article 62 before this Act enters into force, notwithstanding the amended provisions of Article 62, the previous provisions shall apply. Article 6 (Transitional Measures concerning Administrative Disposition)
The previous provisions shall apply to the administrative disposition for offenses before this Act enters into force.
Article 7 (Transitional Measures concerning Administrative Fines)
The application of an administrative fine for any act committed before this Act enters into force shall be governed by the previous provisions.
ADDENDUM <Act No. 10112, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10556, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 30 (5) and (6), Article 35 (1) 17, Article 39, Article 54 (1), Article 55 (5), Article 64 (4) and (5), Article 80 (3) 6, Article 86 (1) (excluding subparagraph 5) shall enter into force on the date of its promulgation, and the amended provisions of subparagraph 12 of Article 2, Article 13, Article 24, Article 31, Article 35 (2) 1, Articles 48-4 through 48-8, Article 76 (3), Article 77 (2) 2, subparagraph 15 of Article 79, Article 80 (3) 1-2 and 7, and Article 86 (1) 5 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Provision of Changed Safety Information)
The amended provisions of the latter part of Article 14 (1) shall begin to apply from the first contract entered into between travel agencies and travelers after this Act enters into force. Article 3 (Special Cases concerning Invalidation of Designation of Tourist Destination)
In applying the amended provisions of Article 56 (1), “the date of the said public notice” shall be construed as the “enforcement date of this Act” with respect to the tourism destinations that have already been designated as so as at the time this Act enters into force, and in applying the amended provisions of paragraph (2) of that Article, the date on which “the approval for the development plan was publicly notified” shall be construed as the “enforcement date of this Act” with respect to the tourism destinations for which development plans have already been approved as at the time this Act enters into force. Article 4 (Transitional Measures concerning Registration of Overseas Tour Conductor)
| (1) | Any person who has a certificate of qualification as an overseas tour conductor issued by the Ministry of Culture, Sports and Tourism as at the time this Act enters into force shall be deemed to have registered himself or herself with, and obtained a certificate of qualification as an overseas tour conductor from, the Minister of Culture, Sports and Tourism pursuant to the amended provisions of Article 13 (2) and (3). |
| (2) | Where any person, who has obtained a qualification as a tourist guide and is engaged in tour conducting services as at the time when this Act enters into force, desires to continue to engage in such services, he or she shall register himself or herself with, and obtain a certificate of qualification as an overseas tour conductor from, the Minister of Culture, Sports and Tourism, within six months after this Act enters into force pursuant to Article 13 (2) and (3). |
Article 5 (Transitional Measures concerning Change of Agencies Conducting Safety Inspection)
Any person, who has undergone a safety inspection conducted by the Minister of Culture, Sports and Tourism in accordance with the previous provisions as at the time this Act enters into force, shall be deemed to have undergone a safety inspection conducted by a Special Self-Governing Province Governor, the Head of a Si/Gun/Gu in accordance with the amended provisions of Article 33 (1). Article 6 (Transitional Measures concerning Culture and Tour Guide)
Any person who is a culture and tour guide or cultural heritage guide as at the time this Act enters into force shall be deemed to have obtained a qualification as a culture and tour guide under this Act.
Article 7 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the application of penality provisions for acts committed before this Act enters into force.
Article 8 (Transitional Measures concerning Administrative Fines)
The previous provisions shall apply to the application of administrative fines for acts committed before this Act enters into force.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10801, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12406, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 12689, May 28, 2014>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 11-2 of Article 2 and Article 47-5 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13127, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 83 (2) shall enter into force one year after the date of its promulgation Article 2 (Applicability to Provision of Safety Information in Writing)
The amended provisions of Article 14 (1) shall begin to apply from the first contract concluded by and between a travel agency and a traveler after this Act enters into force. Article 3 (Transitional Measures concerning Safety Education of Safety Supervisors)
Safety supervisors assigned to amusement facility business establishments for safety supervision of amusement facilities and amusement machines as at the time this Act enters into force shall receive safety education under the amended provisions of Article 33 (3) within six months after this Act enters into force.
ADDENDA <Act No. 13300, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 33-2, subparagraph 4 of Article 82 and the amended provisions of Article 86 of the partially amended Tourism Promotion Act (No. 13127) shall enter into force six months after the date of its promulgation. Article 2 (Applicability)
The amended provisions of Articles 14 (2) and 35 (1) 7 shall begin to apply from the first contract concluded by and between a travel agency and a traveler after this Act enters into force.
ADDENDA <Act No. 13594, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Effective Period)
The amended provisions of Articles 16 (6) through (9) and 17 (3) 3 shall remain in force until five years have elapsed from the enforcement date of this Act. Article 3 (Applicability to Establishment of Tourism Accommodation Facility in School Environment and Sanitation Cleanup Zone)
The amended provisions of Article 16 (6) through (9) shall begin to apply from the first approval for a business plan or alteration to such business plan obtained after this Act enters into force. Article 4 (Transitional Measures concerning Constructive Reporting or Permission upon Registration)
Notwithstanding the amended provisions of Article 18 (1) 6, the previous provisions thereof shall apply to a case where a person registers a tourism accommodation business and business providing a facility for tourist use as at the time this Act enters into force.
ADDENDA <Act No. 13726, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13958, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 48 (4) 5 shall enter into force on the date of promulgation of the Act, and the amended provisions of Article 38 (8), the proviso of Article 40, and subparagraph (5) of that Article shall enter into force three months after the date of promulgation of the Act.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14525, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 14623, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 74 (2) shall enter into force three months after the date of their promulgation. Article 2 (Transitional Measures concerning Grounds for Disqualification of the Incompetent)
Notwithstanding the amended provisions of Article 7 (1) 1, the previous provisions shall apply to a person who has already been declared incompetent or quasi-incompetent, and in whose case the declaration of incompetency or quasi-incompetency remains valid pursuant to Article 2 of the Addenda of the partially amended Civil Act (Act No. 10429) as at the time this Act enters into force.
ADDENDA <Act No. 15058, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 38 (9) shall enter into force three months after the date of its promulgation. Article 2 (Transitional Measures concerning Designation of Tourist Convenience Facility Business)
A person who has obtained the designation of a tourist convenience facility business from the Mayor/Do Governor or the head of a Si/Gun/Gu pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have obtained the designation of a tourist convenience facility business from the Mayor/Do Governor or the head of a Si/Gun/Gu pursuant to the amended provisions of Article 6: Provided, That such person shall meet the standards under the amended provisions of Article 6 (2) within three months from the enforcement date of this Act.
ADDENDA <Act No. 15436, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Excellent Accommodation Facilities)
With respect to excellent accommodation facilities designated pursuant to the previous provisions as at the time this Act enters into force, support may been given to them and their designation may be revoked pursuant to the previous provisions until the validity period of such designation expires.
ADDENDA <Act No. 15530, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 15636, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 31 (4) and (5), 52 (3) through (6), and 70 (2) shall enter into force one month after the date of its promulgation. Article 2 (Applicability to Reporting Fulfillment of Terms and Conditions of Conditional Permission for Amusement Facility Business)
The amended provisions of Article 31 (4) and (5) shall apply to a report made on fulfillment of the terms and conditions of conditional permission for the amusement facility business after the aforesaid amended provisions enter into force. Article 3 (Applicability to Consultations on Designation of Tourist Destinations)
The amended provisions of Article 52 (3) and (4) shall apply where the Mayor/Do Governor requests consultations with the Minister of Culture, Sports and Tourism and the heads of the relevant administrative agencies for the designation of tourist destinations, etc. after the aforesaid amended provisions enter into force. Article 4 (Applicability to Authorization, Permission Deemed Granted under other Statutes)
The amended provisions of Article 58 (1) 23 shall begin to apply from the first development plan or any revision thereto approved by the Mayor/Do Governor or the first development plan formulated by a Special Self-Governing City Mayor and a Special Self-Governing Province Governor formulate a development plan after this Act enters into force. Article 5 Omitted.
ADDENDA <Act No. 15860, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 48-6, 48-7 and 48-8 (1), subparagraph 2-2 of Article 77, subparagraph 15 of Article 79, and Articles 80 (3) and 86 (2) 5 shall enter into force on January 1, 2019; the amended provisions of Article 17 and Article 2 of the Addenda shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Certification of Training Courses for Nurturing Culture and Tour Guides)
Notwithstanding the previous provisions of Article 48-6 (5), where the certification of training courses, etc. for nurturing culture and tour guides obtained under the previous provisions is still valid as at the enforcement date prescribed in the proviso of Article 1 of these Addenda, its validity period shall be until December 31, 2018 from the date of obtaining the relevant certification. Article 3 (Transitional Measures concerning Administrative Fines)
The previous provisions of Article 86 (2) 5 shall apply to the imposition of administrative fines for violations committed before the enforcement date prescribed in the proviso to Article 1 of these Addenda. Article 4 Omitted.
ADDENDUM <Act No. 16051, Dec. 24, 2018>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 70 (1) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16684, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 48-3, 54 (6), 70-2, 73, subparagraph 6 of Article 77, Article 80 (3) 9, (5), and (6), Articles 84 and 86 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Qualification Examination for Tourism Workers)
The amended provisions of Article 38 (5) shall apply to qualification examination for tourism workers conducted after this Act enters into force.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17399, Jun. 9, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17689, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 17704, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 11-2 shall enter into force one month after the date of its promulgation. Article 2 (Applicability to Ex Officio Cancellation or Revocation of Reported Matters)
The amended provisions of Article 8 (9) and (10) shall begin to apply where a tourism business operator reports business closures to the head of the competent tax office or the head of the competent tax office cancels business registration under Article 8 of the Value-Added Tax Act after this Act enters into force.
ADDENDA <Act No. 17761, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 18009, Apr. 13, 2021>
This Act shall enter into force six months after the date of its promulgation.