ENFORCEMENT DECREE OF THE TOURISM PROMOTION ACT

Expand Presidential Decree No. 19312, Feb. 2, 2006 

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 Article 1 (Purpose)  
The purpose of this Decree is to provide for matters delegated by the Tourism Promotion Act and those necessary for the enforcement thereof. <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
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 Article 2 (Categories of Tourist Businesses)  
(1) The categories of tourist businesses shall be classified as follows pursuant to Article 3 (2) of the Tourism Promotion Act (hereinafter referred to as the "Act"): <Amended by Presidential Decree No. 17589, Apr. 27, 2002; Presidential Decree No. 18082, Aug. 6, 2003; Presidential Decree No. 18800, Apr. 22, 2005; Presidential Decree No. 18978, Jul. 27, 2005; Presidential Decree No. 19312, Feb. 2, 2006>
1. Kinds of travel business:
(a) General travel business: A travel business intended for locals and foreigners who travel at home or abroad (including agency for having passports and visas issued);
(b) Overseas travel business: A travel business intended for locals who travel abroad (including agency for having passports and visas issued); and
(c) Inland travel business: A travel business intended for locals who travel at home;
2. Kinds of hotel business:
(a) Tourist hotel business: A business that operates facilities suitable for lodging available to tourists and other facilities, etc. suitable for meals, sports, amusements, recreation, performances or training available to tourists, which are incidental to the lodging (hereinafter referred to as "incidental facilities");
(b) Floating tourist hotel business: A business that, by anchoring or or mooring structures or ships to stilts over the water and by furnishing them with facilities suitable for lodging or incidental facilities together, has tourists gain access to them;
(c) Korea traditional hotel business: A business that, by furnishing Korean traditional buildings with facilities suitable for lodgings or incidental facilities together, has tourists gain access to them; and
(d) Family hotel business: A business that, by arranging lodging facilities and cook utensils to suit lodgings for family-unit tourists, has tourists gain access to them or has them gain access to facilities suitable for meals, sports, recreation or training together;
3. Kinds of tourist-use facility business:
(a) Specialized recreation business: A business that, by furnishing the facilities for accommodation business (including the facilities under Article 2 (1) 1 and 2 of the Enforcement Decree of the Public Health Control Act; hereinafter referred to as "accommodation facilities") or the facilities required for reporting resting restaurant business, general restaurant business or bakery business under the provisions of subparagraph 8 (a), (b) or (f) of Article 7 of the Enforcement Decree of the Food Sanitation Act (hereinafter referred to as "restaurant facilities") with one kind of the facilities from among the facilities referred to in subparagraph 4 (a) (ⅱ) (aa) through (a'a') of the Appendix 1 (hereinafter referred to as "specialized recreation facilities") for tourists' recreation or turning their leisure time to good account, has tourists gain access to them;
(b) Universal recreation business:
(ⅰ) First-class universal recreation business: A business that, by furnishing accommodation facilities or restaurant facilities with two or more kinds of the facilities from among specialized recreation facilities for tourists' recreation or turning their leisure time to good account, has tourists gain access to them, or which, by furnishing accommodation facilities or restaurant facilities with one or more kinds of the facilities from among specialized recreation facilities and the facilities of universal amusement facility business, has tourists gain access to them; and
(ⅱ) Second-class universal recreation business: A business which, by furnishing the facilities required for registering tourist accommodation business with two or more kinds of the facilities from among the specialized recreation facilities required for registering first-class universal recreation business, or with one or more kinds of the facilities from among specialized recreation facilities and the facilities of universal amusement facility business for tourists' recreation or turning their leisure time to good account, has tourists gain access to them;
(c) Motor campground business: A business which, by furnishing facilities suitable for motoring travellers' camping, cooking and parking, has tourists gain access to them;
(d) Tourist excursion ship business: A business which enable a person who has obtained a license for marine passenger transport business under the Marine Transportation Act or a person who has obtained a license for or has reported excursion business under the Excursion Ship and Ferry Business Act to allow tourists to go sightseeing by using ships;
(e) Tourist performance place business: A business which, by furnishing performance facilities for tourists, sells meals and liquor to foreign tourists (including native whose fact of departure from country may be confirmed) while performing repertoires containing Korean traditional music and dancing; and
(f) Exclusive tourist souvenir sales business for foreigners: A business which sells manufactured or processed goods made from primary raw material produced in Korea by furnishing any facilities suitable for selling goods to foreign tourists (including the native whose fact of scheduled departure from country may be confirmed);
4. Kinds of international conference service:
(a) International conference facility service: A business which establishes and operates any facilities capable of holding international conferences which create a large demand for tourism; and
(b) International convention organizing business: A business which acts as agency left in charge of the business such as planning, preparing and proceeding international conventions which create a large demand for tourism;
5. Kinds of amusement facility business:
(a) Universal amusement facility business: A business which, by furnishing game facilities or amusement machines and outfit, has tourists gain access to them, and which establishes and operates six kinds or more of game facilities or amusement machines and outfit subject to the safety test referred to in Article 31 of the Act in a large-scale site or interior;
(b) General amusement facility business: A business which, by furnishing game facilities or amusement machines and outfit, has tourists gain access to them, and which establishes or operates one kind or more of game facilities or amusement machines and outfit subject to safety test referred to in Article 31 of the Act; and
(c) Other amusement facility business: A business which, by furnishing game facilities or amusement machines and outfit, has tourists gain access to them, and which establishes and operates game facilities or amusement machines and outfit not subject to safety test referred to in Article 31 of the Act; and
6. Kinds of tourist convenience facility business:
(a) Tourist amusement restaurant business: A business which any person who has obtained permission on amusement tavern business under any food and hygiene Acts and subordinate statutes, by furnishing facilities available to tourists, serves such users liquors or other food and has them appreciate music and dancing or have a dance (Its kinds shall be subdivided on such terms and conditions as the Ministerial Decree of Culture and Tourism may determine);
(b) Exclusive amusement restaurant business for foreigners: A business which any person who has obtained permission on amusement tavern business under any food and hygiene Acts and subordinate statutes, by furnishing facilities available to foreigners, serves such users liquors or other food and has the users appreciate music and dancing or have a dance;
(c) Tourist restaurant business: A business which any person who has obtained permission on general restaurant business under any food and hygiene Acts and subordinate statutes, by furnishing any catering facilities available to tourists, serves professionally them any particular country's food;
(d) City tourist business: A business in which a person who has obtained a license or has registered for passenger vehicle transport business under the Passenger Transport Service Act allows tourists to go sightseeing by making a regular tour of tourist resorts in and about the city by using buses;
(e) Tourist photographic business: A business which takes and sells souvenir photographs intended for foreign tourist, by accompanying them;
(f) Passenger vehicle terminal facility business: A business in which a person who has obtained a license for passenger vehicle terminal business under the Passenger Transport Service Act supplies convenience facilities such as recreation facilities and information facilities for tourists by furnishing passenger vehicle terminal facilities available to tourists;
(g) Tourist local liquor sales business: A business in which a person who has obtained a license for liquor manufacture and sales under the Liquor Tax Act, by furnishing facilities available to tourists, sells directly manufactured local liquor to them; and
(h) Tourist pension business: A business run by any person for the purpose of operating accommodation facilities suitable for the tourism of experiencing nature and culture, which are made available to tourists.
(2) The provisions of paragraph (1) 6 (h) shall not apply to any area subject to the application of the Special Act on Jeju Free International City. <Added by Presidential Decree No. 18082, Aug. 6, 2003; Presidential Decree No. 18800, Apr. 22, 2005>
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 Article 3 Deleted.<by Presidential Decree No. 18800, Apr. 22, 2005>  
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 Article 4 (Registration Authorities and Procedures)  
(1) Any person who intends to register pursuant to Article 4 (1) and (2) of the Act shall submit an application for registration of tourist business to the administrative agencies categorized under each of the following subparagraphs (hereinafter referred to as "registration authorities") under the conditions as prescribed by the Ministerial Decree of Culture and Tourism: <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
1. Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the "Mayor/Do governor") for the case of general travel business; and
2. Head of Si/Gun/Gu (referring to autonomous Gu; hereinafter the same shall apply) for travel business, tourist accommodation business, tourist-use facility business, and international conference service.
(2) The registration authorities shall determine whether they will register any tourist business, if it is subject to deliberation by the deliberative committee on registration of tourist accommodation business and tourist use facility business referred to in Article 16 of the Act, after its deliberation. <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
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 Article 5 (Issue of Registration Certificate)  
(1) The registration authorities shall, upon receipt of an application for registration under Article 4, issue a registration certificate as determined by the Ministerial Decree of Culture and Tourism to the applicant if the applied matters meet the standards for registration referred to in Article 7.
(2) Where the registration authorities intend to issue registration certificates referred to in paragraph (1), they may request the head of authorization or permission-granting agency to send authorization certificates or permits so that they may be able to issue in a lump authorization certificates or permits deemed pursuant to Article 17 (1) of the Act. <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
(3) The registration authorities shall, in issuing registration certificates pursuant to paragraphs (1) and (2), prepare the register of tourist business operators and manage and preserve it on such terms and conditions as the Ministerial Decree of Culture and Tourism may determine. <Amended by Presidential Decree No. 19312, Feb. 2, 2006>
(4) Where any registered tourist business operator has a registration certificate issued pursuant to paragraph (1) worn out or lost, the registration authorities shall issue a new registration certificate on such terms and conditions as the Ministerial Decree of Culture and Tourism may determine.
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 Article 6 (Registration of Change)  
(1) The matters subject to registration of change referred to in Article 4 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 18082, Aug. 6, 2003; Presidential Decree No. 18800, Apr. 22, 2005>
1. Matters which have obtained approval of any changes in business plan (limited to a tourist business which has obtained approval of any changes in business plan);
2. Any change in company name or the representative of company;
3. Any change in the number and form of guest rooms (limited to a tourist accommodation business excluding any recreational condominium business);
4. Any change in the location, area and kinds of incidental facilities (limited to a tourist accomodation business); and
5. Any change in the location of an office and new opening of a business place in case of a travel business, and any change in the location of an office in case of an international convention organizing business.
(2) Any person who intends to make a registration of change referred to in paragraph (1) shall submit an application for registration of change to the registration authorities within thirty days from the date on which such cause for changing it occurs on such terms and conditions as the Ministerial Decree of Culture and Tourism may determine.
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 Article 7 (Standards for Registration)  
The standards for registration of tourist business referred to in Article 4 (4) of the Act shall be listed as the Appendix 1.
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 Article 8 (Amusement Facility Business Subject to Permission)  
The term "amusement facility business as determined by the Presidential Decree" in Article 5 (2) of the Act means universal amusement facility business and general amusement facility business.
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 Article 8-2 (Restriction on Use of Trade Name)  
Any person other than a tourist business operator under Article 10 (2) and (3) of the Act shall not use a trade name which includes any title according to the business classification as prescribed in any of the following subparagraphs: <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
1. Tourist hotel in the case of the business similar to hotel business;
2. Tourist excursion in the case of the business similar to tourist excursion ship business;
3. Tourist performance in the case of the business similar to tourist performance place business;
4. Tourist souvenir in the case of the business similar to exclusive tourist souvenir sales business for foreigners;
5. Tourist restaurant in the case of the business similar to tourist amusement restaurant business, exclusive amusement restaurant business for foreigners or tourist restaurant business; and
6. Tourist pension in the case of the business similar to the tourist pension business.
[This Article Added by Presidential Decree No. 17589, Apr. 27, 2002]
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 Article 9 (Approval on Changes in Business Plan)  
(1) The cases where the approval on changes in a business plan of tourist accommodation business is required under the latter part of Article 14 (1) of the Act shall be those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
1. Where it is for the modification of site and housing lot and the total area intended for such modification is not less than 10/100 of the originally approved planned area;
2. Where it is for the modification of total floor space of building and the total area intended for such modification is not less than 10/100 of the originally approved planned area;
3. Where the number of guest rooms or guest room area is intended for the modification (limited to recreational condominium business); and
4. Modification of business classification between a hotel business and a recreational condominium business, or between hotel businesses, which is suitable for the registration of the business classification intended to modify.
(2) The cases where the approval on changes in a business plan of tourist use facility business and international conference business can be obtained under the latter part of Article 14 (2) of the Act shall be those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 18082, Aug. 6, 2003; Presidential Decree No. 18800, Apr. 22, 2005>
1. Where it is for the modification of the area of site, housing lot or the total ground area of construction in case of specialized recreation business or universal recreation business and the area intended for such modification is not less than 10/100 of the planned area which was originally approved; and
2. Where it is for the modification of any of the following items from among the international conference facilities in case of international conference business:
(a) Where it is for the modification of the number of conference rooms or indoor exhibit area of specialized conference facilities under Article 3 (2) of the Enforcement Decree of the International Conference Industry Promotion Act and the number of the conference rooms or indoor exhibit area intended for such modification is not less than 10/100 of the originally approved plan; and
(b) Where it is for the modification of the number of conference rooms or indoor exhibit area of specialized exhibit facilities under Article 3 (4) of the Enforcement Decree of the International Conference Industry Promotion Act and the number of conference rooms and indoor exhibit area intended for such modification is not less than 10/100 of the originally approved plan.
[This Article Wholly Amended by Presidential Decree No. 17589, Apr. 27, 2002]
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 Article 10 (Application, etc. for Approval of Business Plan)  
(1) Any person who intends to obtain approval for a business plan of tourist hotel business, floating tourist hotel business, Korean traditional hotel business, family hotel business, recreational condominium business or any tourist business falling under any subparagraph of Article 12 (hereinafter referred to as the "business plan") pursuant to Article 14 (1) and (2) of the Act shall submit an application for approval of business plan to the head of Si/Gun/Gu under the terms and conditions as the Ministerial Decree of Culture and Tourism may determine. <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
(2) Any person who intends to obtain approval for altering his business plan in accordance with the provisions of Article 9 shall submit an application for approval of alteration in business plan to the head of Si/ Gun/Gu under the terms and conditions as the Ministerial Decree of Culture and Tourism may determine. <Amended by Presidential Decree No. 18082, Aug. 6, 2003; Presidential Decree No. 18800, Apr. 22, 2005>
(3) The head of Si/Gun/Gu who has received an application for approval of business plan, or of alteration in business plan pursuant to paragraphs (1) and (2) shall consult with the head of the competent administrative agency pursuant to Article 15 (2) of the Act if the relevant tourist business is the business to which authorization or permission, etc. referred to in Article 15 (1) of the Act is deemed to have been granted. <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
(4) The head of the competent administrative agency who has been requested to hold consultations pursuant to paragraph (3) shall present his opinions within thirty days from the date of receipt of such request for consultations.
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 Article 11 (Notification of Approval on Business Plan)  
When the head of Si/Gun/Gu grants approval for a business plan, or for altering a business plan, for which an application has been filed in accordance with the provisions of Article 10, he shall notify without delay the applicant for approval of business plan or for alteration in business plan. <Amended by Presidential Decree No. 18082, Aug. 6, 2003; Presidential Decree No. 18800, Apr. 22, 2005; Presidential Decree No. 19312, Feb. 2, 2006>
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 Article 12 (Tourist-Use Facility Business or International Conference Service Subject to Approval on Business Plan)  
The term "tourist-use facility business or international conference service as determined by the Presidential Decree" listed in the former sentence of Article 14 (2) of the Act means any tourist business hereunder:
1. Specialized recreation business;
2. Universal recreation business;
3. Tourist excursion ship business; and
4. International conference facility business.
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 Article 13 (Standards for Approval on Business Plan)  
(1) The standards for granting approval for any business plan or for altering any business plan under Article 14 of the Act are as specified in each of the following subparagraphs: <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
1. The contents of a business plan shall conform to the provisions of related Acts and subordinate statutes;
2. A business plan shall contain a capacity and a scheme for raising funds necessary for its enforcement; and
3. A tourist accommodation facility in a general residential area and an amusement facility therein shall meet the following standards for the protection of residential environment and those in a quasiresidential area shall meet the standards listed in (c):
(a) Any lot shall be in conformity with the following conditions (excluding the case where approval is granted for altering any business plan: Provided, That the same shall not apply to the case where any building is newly constructed or any existing building is demolished in whole for reconstructing it);
(ⅰ) For Special Metropolitan City or Metropolitan City: The lot shall be contiguous to a road fifteen meters or more wide, extending for twenty meters or more; or
(ⅱ) For other areas: The lot shall be contiguous to a road twelve meters or more wide;
(b) The height of each part of a building shall not exceed two times a horizontal distance from the part to the borderline (if any space between lots allows of no park, square, road or river or construction, it refers to the borderline opposite to the contiguous lot) of a lot contiguous in the direction of an aperture which is installed to admit light for the building;
(c) Any noise pollution-causing facility shall be installed in the basement or shall be ensured that it does not impair the surrounding residential environment by other methods; and
(d) Landscape architecture in a lot shall be not less than 20% of the lot, and a grove belt isolating itself from the contiguous lot shall be formed by planting adult trees in and around the lot borderline.
(2) When the head of Si/Gun/Gu has received an application for approval of the modification of a business plan reducing the scale of recreational condominium business, he shall grant approval of modification thereof to the extent that the reduction rate falling under any of the following subparagraphs does not exceed the rate of the total number of remaining members, etc. of unsold parcels or recruitment deficiency in fact as of the scheduled date for approval for a business plan modification against the total number of the applicants for parcels or members in the originally approved plan for sale of parcels or recruitment of membership (hereafter referred to as "members, etc." in this paragraph) (hereafter referred to as "unsold rate" in this paragraph): Provided, That where a business operator lowers the selling price of parcels or recruitment price of membership in proportion to the decreased portion of the site area and guest room area thereof (referring to the area of exclusive-use and commonly-use; hereafter the same shall apply in this paragraph) with respect to the members, etc. who already bought parcels or obtained membership right, and notifies the relevant members, etc. thereof, he may grant approval of modification in excess of unsold rate: <Amended by
Presidential Decree No. 17589, Apr. 27, 2002; Presidential Decree No. 18800, Apr. 22, 2005>
1. Reduction rate of housing lot area in the modified plan against the housing lot area in the original plan (referring to the approved business plan; hereafter the same shall apply in this paragraph);
2. Reduction rate of the number of guest rooms in the modified plan against the number of guest rooms in the original plan; and
3. Reduction rate of the total guest room area in the modified plan against the total guest room area in the original plan.
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 Article 14 (Areas for Building Tourist Accommodation Facilities)  
The term "area as determined by the Presidential Decree" in Article 15 (5) 2 of the Act means:
1. General residential area;
2. Semi-residential area;
3. Semi-industrial area; and
4. Natural green area.
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 Article 15 (Functions, etc. of Chairman)  
(1) The chairman of a deliberative committee on registration of tourist accommodation business and tourist-use facility business (hereinafter referred to as "the committee") referred to in Article 16 (1) of the Act shall represent the committee and exercise a general supervision of the committee's functions.
(2) The vice-chairman of the committee shall assist the chairman, and where the chairman is unable to perform his functions for compelling causes, the functions shall be performed by the vice-chairman as chairman.
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 Article 16 (Meetings)  
(1) The chairman shall convene a meeting of the committee and preside over it.
(2) Decision of meetings shall be taken by attendance of a two-thirds majority of all the members and by affirmative vote of a two-thirds majority of members present.
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 Article 17 (Hearing)  
The chairman may have an interested person or an expert in safety and fire-fighting, etc. attend a meeting and hear his opinions as deems necessary in connection with the matters to be deliberated.
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 Article 18 (Secretary)  
A secretary shall be assigned to take care of the committee's general affairs.
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 Article 19 (Operational Detailed Rules)  
The matters necessary for the operation of the committee other than those provided for in this Decree shall be determined by the chairman through a resolution by the committee.
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 Article 20 (Tourist Business Subject to Deliberation of Registration)  
(1) The term "tourist-use facility business or international conference service as determined by the Presidential Decree" listed in Article 16 (1) and (3) 1 of the Act means any tourist business falling under any subparagraphs of Article 12.
(2) The term "change of minor matters as determined by the Presidential Decree" listed in the proviso of Article 16 (4) of the Act means any change in matters to be deliberated with which two or less agencies are concerned from among changes in matters to be deliberated referred to in Article 16 (3) of the Act.
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 Article 21 (Business Deemed to have Obtained Authorization or Permission, etc.)  
(1) The term "business as determined by the Presidential Decree" in Article 17 (1) 2 of the Act means resting restaurant business, general restaurant business, entertainment pub business, entertainment drinking facility business and bakery business referred to in subparagraph 8 (a) through (f) of Article 7 of the Enforcement Decree of the Food Sanitation Act. <Amended by Presidential Decree No. 18800, Apr. 22, 2005; Presidential Decree No. 18978, Jul. 27, 2005>
(2) Deleted. <by Presidential Decree No. 18800, Apr. 22, 2005>
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 Article 22 (Grading Decision of Hotel Business)  
(1) The hotel business among tourist accommodation businesses referred to in Article 18 of the Act shall be classified into special first-class, special second-class, first-class, second-class and third-class. <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
(2) The Minister of Culture and Tourism may request a related expert to investigate the facilities and actual conditions of a hotel business as necessary for a classification referred to in paragraph (1). <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
(3) The matters necessary for the standards and procedures, etc. for classification referred to in paragraph (1) shall be determined by the Ministerial Decree of Culture and Tourism.
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 Article 23 (Tourist Business for Sales in Lots and Invitation of Members)  
The term "tourist business of the kind as determined by the Presidential Decree" in Article 19 (1) of the Act means the following businesses: <Amended by Presidential Decree No. 19312, Feb. 2, 2006>
1. Recreational condominium business and hotel business; and
2. Second-class universal recreation business from among tourist-use facility business.
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 Article 24 (Act to be Misunderstood as Selling in Lots or Inviting Members)  
The term "act as determined by the Presidential Decree" in Article 19 (2) 3 of the Act means an act of inviting members, by taking over the right to use such facilities from co-owners or members available for them.
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 Article 25 (Standards for and Time of Sales in Lots and Invitation of Members)  
(1) The standards for sales in lots and invitation of members in recreational condominium business and standards for invitation of members in hotel business and second-class universal recreation business referred to in Article 19 (4) of the Act shall be as follows: Provided, That the invitation of members in sports facility business to be registered among second-class universal recreation business shall be governed by the Installation and Utilization of Sports Facilities Act: <Amended by Presidential Decree No. 18800, Apr. 22, 2005; Presidential Decree No. 19312, Feb. 2, 2006>
1. It shall secure the ownership of a lot on which relevant tourism lodging facilities are constructed in the case of recreational condominium business and hotel business (excluding tourism hotel on water), and the ownership of structures or ships in the case of tourism hotel on water and the ownership or the right of use of a building site on which a second-class universal recreation business facility is constructed for second-class universal recreation business and it shall secure the ownership of a building where the use of the building for such recreation condominium business, family hotel business or second-class universal recreation business is approved at the time of selling it in lots and inviting members;
2. Where a mortgage is placed on a lot, building site or building referred to in subparagraph 1, such mortgage shall be erased: Provided, That this shall not apply in cases where it causes damage to a person who bought it in lots or a member due to an accident in connection with such sales in lots or the invitation of members by the time its transfer registration of ownership is effected in the name of the person who bought it in lots for joint ownership system and by the time such mortgage is erased for membership system, guarantee insurance equivalent to an amount of settlement of mortgage covering paying for such damage is taken out;
3. The number of persons for sales in lots and invitation of members per guest room shall be two or more: Provided, That this shall not apply in cases where co-owners or members are corporations;
4. A guest room shall not be sold in lots and members shall not be invited for it by mixing co-owner system or membership system; and
5. The number of days available for co-owners or members per year shall be to the extent that 365 days are divided by the number of persons planned for sales in lots or invitation of members per guest room.
(2) The time in case of sales in lots or the invitation of members in recreational condominium business, hotel business and second-class universal recreation business pursuant to paragraph (1) shall be as follows: <Amended by Presidential Decree No. 19312, Feb. 2, 2006>
1. For recreational condominium business or second-class universal condominium business:
(a) It shall sell a facility in lots or invite members from the time when the total progress of the facility work is made in excess of the percentage of construction as the Ministerial Decree of Culture and Tourism, and shall sell in lots or invite members only for guest rooms equivalent to the percentage of construction from the total guest rooms to be sold in lot or inviting member therefor; and
(b) Where it intends to sell in lots or invite members in excess of the number of guest rooms equivalent to the percentage of construction, it shall take out guarantee insurance equivalent to an amount to be sold or invite members in excess of the percentage of construction by the time it registers its tourist business, for the purpose of securing the liability for compensation for damages which it causes to a person who bought them in lots or a member due to an accident in connection with such sales in lots or the invitation of members; and
2. For hotel business:
It shall invite members after its registration of tourist business: Provided, That for hotel business included in second-class universal recreation business, the provisions of subparagraph 1 (a) and (b) shall apply.
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 Article 26 (Submission of Draft Plan for Sales in Lots or Invitation of Members)  
(1) A person who intends to sell in lots or invite members pursuant to Article 25 shall submit a draft plan for sales in lots or the invitation of members to the head of Si/Gun/Gu under the terms and conditions as the Ministerial Decree of Culture and Tourism may determine. <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
(2) If the contents of a draft plan for sales in lots or the invitation of members submitted pursuant to paragraph (1) differ from the contents of approval on business plan, an application for approval on alteration in business plan shall be submitted together.
(3) The head of Si/Gun/Gu who receives a draft plan for sales in lots or the invitation of members pursuant to paragraphs (1) and (2) shall examine it and then notify promptly the other party of the result. <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
(4) The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to any alteration in a plan for sales in lots or the invitation of members.
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 Article 27 (Protection of Co-Owners or Members)  
Any person who has sold in lots or invited members pursuant to Article 19 (5) of the Act shall observe the following matters for the protection of co-owners' or members' rights and interest: <Amended by Presidential Decree No. 18082, Aug. 6, 2003; Presidential Decree No. 18800, Apr. 22, 2005>
1. Transfer or takeover of shares of co-ownership or membership: He shall not restrict any transfer or takeover of shares of co-ownership or membership;
2. Use of facilities: He shall allow persons other than co-owners or members to use guest rooms not used by the co-owners or members. In this case, a plan for using guest rooms shall be drawn up after the consultations with the representative body of co-owners and members referred to in subparagraph 6 and the details of using guest rooms shall be compiled to make them known to the representative body of co-owners and members;
3. Collection of expenses necessary for the maintenance and management of facilities:
(a) He shall manage the facilities with the care of a good manager, but shall not collect expenses other than those for maintaining and managing facilities; and
(b) Where he intends to change any matters on the collection of expenses for maintaining and managing facilities referred to in item (a), he shall consult with a representative body of co-owners and members and disclose an account of all money spent annually to the representative body of co-owners and members;
4. Refund of membership footing (referring to expenses paid for persons who invite members for their membership): The membership period and refund of footing shall be according to a contract concluded between a tourist operator or a person who has obtained approval on business plan and a member, and where he has to refund a member's footing as his membership period terminates, he shall refund it within ten days from the date of request for footing;
5. Issuance of membership cards, and confirmation: He shall issue a membership card to certify that the co-owner or the member is a coowner or member of the relevant facilities under the terms and conditions as the Ministerial Decree of Culture and Tourism may determine after obtaining a confirmation from the agency prescribed by the Ministerial Decree of Culture and Tourism;
6. Composition of a representative body of co-owners and members: He shall compose a representative body composed of not less than 20 co-owners and members (persons who sell in sales or invite members and their representative and officers and employees shall be prohibited from participating in the representative body), and shall consult with the representative body about matters relating to the rights and interests of co-owners and members with the exception of the case of subparagraph 3 (b); and
7. Other matters on the protection of co-owners' and members' rights and interests: He shall specify an approval number and date (registration number and date where it is registered as tourist business) of a business plan, the present status and location of such installation, and the number of days available per year and members' period in a written contract of sales in lots or the invitation of members.
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 Article 28 (Requirements, etc. for Permission on Casino Business)  
(1) The term "international conference service facility as determined by the Presidential Decree" in Article 20 (1) 1 of the Act means any facility for international conference facility business referred to in Article 2 (1) 4 (a). <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
(2) The requirements for permission on casino business referred to in Article 20 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
1. Where a person intends to carry on casino business in any facility incidental to tourist hotel business or international conference facility business:
(a) The previous year's actual results of attracting foreign tourists for such tourist hotel business or international conference facility business shall meet the standards as announced by the Minister of Culture and Tourism;
(b) A prospectus including a plan for attracting foreign tourists and long-term prospectus, etc. for receipts and expenditures shall be adequate;
(c) It shall have the financial capacity necessary for carrying out a business plan referred to in item (b);
(d) It shall have established a plan for internal control on business transactions such as management of cash and chips; and
(e) It shall meet other standards as announced by the Minister of Culture and Tourism for the sound fosterage of casino business; and
2. Where a person intends to carry on casino business in a passenger ship plying between at home and abroad:
(a) Such a passenger ship shall be a ship of ten thousand tons or more;
(b) The previous year's actual results of transporting foreigners for a passenger ship shall meet the standards as announced by the Minister of Culture and Tourism; and
(c) He shall meet the provisions listed in subparagraph 1 (b) through (e).
(3) The Minister of Culture and Tourism may grant any new permission only where foreign tourists have increased by three hundred thousand or more after the latest new permission is granted pursuant to Article 20 (2) of the Act, and may grant it to the extent of not more than two businesses per an increase of three hundred thousand persons, taking into account the following matters:
1. Increase trends in foreign tourists;
2. Increase trends in the number of casino visitors;
3. The total capacity of which existing casino operators have;
4. The total results of foreign exchange earnings by existing casino operators; and
5. Other matters necessary for the sound development of casino business.
(4) Where the Minister of Culture and Tourism intends to grant any new permission pursuant to paragraph (3), he shall determine and announce:
1. Detailed standards for permission listed in paragraph (2) 1 (a) and (e) and 2 (b);
2. The number of business to which permission may be granted; and
3. The period and method of permission.
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 Article 29 (Period, etc. for Conditional Permission on Business)  
(1) The term "period as determined by the Presidential Decree" listed in Article 23 (1) of the Act means a period of not more than one year from the date on which any conditional permission on business is granted: Provided, That the period may be extended to the extent not exceeding six months for once where it deems that there exists any compelling cause.
(2) Any person who has obtained conditional permission on business referred to in Article 23 (1) of the Act shall report the details to the Minister of Culture and Tourism when he is equipped with facilities and machines necessary for such permission within the period referred to in paragraph (1).
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 Article 30 (Scope of Employee at Casino Business)  
The term "employee as determined by the Presidential Decree" listed in the main sentence of Article 27 (1) of the Act means any person full-time or temporarily on behalf of or under instruction from a casino operator without distinction of his position and title.
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 Article 31 (Money Due, etc. to Tourism Promotion Development Fund)  
(1) The gross sales referred to in Article 29 (1) of the Act shall be an amount deducting the total amount paid to customers from the total amount received from customers in connection with casino operations.
(2) The ratio of collecting money due to tourism promotion development fund (hereinafter referred to as "money due") referred to in Article 29 (4) of the Act shall be:
1. Where the annual gross sales are not more than one billion won: 1/100 of the gross sales;
2. Where the annual gross sales are more than one billion won but not more than ten billion won: ten million won + 5/100 of the amount in excess of one billion won among the gross sales; and
3. Where the annual gross sales are more than ten billion won: four hundred and sixty million won + 10/100 of the amount in excess of ten billion among the gross sales.
(3) A casino operator shall submit the previous year's financial statements accompanied by a certified public accountant's audit report to the Minister of Culture and Tourism by the end of March every year.
(4) The Minister of Culture and Tourism shall specify in writing the money due calculated for the previous year's gross sales pursuant to paragraph (2) by the end of April every year and notify to pay it to the account for revenues and expenditures of Tourism Promotion Development Fund opened with the Bank of Korea by fixing a time limit for not more than two months. In this case, he may have the money due paid in four installments and such time limit for payment shall be:
1. First installment: by the end of June for the year;
2. Second installment: by the end of August for the year;
3. Third installment: by the end of October for the year; and
4. Fourth installment: by December 20 for the year.
(5) Where a casino operator is unable to pay his money due within the time limit due to any natural disaster, or similar cause, he shall pay it within seven days from the date on which such cause disappears.
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 Article 32 (Period, etc. for Conditional Permission on Business)  
(1) The term "period as determined by the Presidential Decree" in Article 29-2 (1) of the Act means a period from the date on which any conditional permission on business is granted to the date on which the term determined under each of the following subparagraphs expires: Provided, That the period may be extended to the extent not exceeding one year for once where there exists any cause determined by the Ministerial Decree of Culture and Tourism:
1. For the case of universal amusement facility business: 5 years; and
2. For the case of general amusement facility business: 3 years.
(2) When a person who has obtained a conditional permission on business referred to in Article 29-2 of the Act is equipped with facilities and equipments referred to in Article 5 (2) of the Act within the period referred to in paragraph (1), he shall submit documents verifying the fact thereof to the head of Si/Gun/Gu.
[This Article Wholly Amended by Presidential Decree No. 18800, Apr. 22, 2005]
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 Article 33 (Period for Starting and Completing Work for Facilities Which has Obtained Approval on Business Plan)  
The term "period as determined by the Presidential Decree" in Article 33 (1) 2 of the Act means the following periods:
1. Period for starting: Two years from the date of obtaining approval on business plan; and
2. Period for completion: Five years from the date of starting work.
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 Article 34 (Standards, etc. for Administrative Dispositions)  
(1) The category of offenses and standards for their dispositions for which the Minister of Culture and Tourism, the Mayor/Do governor or the head of Si/Gun/Gu (hereinafter referred to as the "head of registration agency, etc.") takes administrative dispositions shall be listed as the Appendix 2.
(2) Where the head of registration agency, etc. takes any disposition pursuant to paragraph (1), he shall record and maintain the contents of such disposition in a record book for administrative dispositions as prescribed by the Ministerial Decree of Culture and Tourism.
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 Article 35 (Category of Offenses Subject to and Amount of Penalty)  
(1) An amount of penalty according to the category and degree of an offense on which a penalty is imposed pursuant to Article 35 (2) of the Act shall be listed as the Appendix 3.
(2) The head of registration agency, etc. may increase or extenuate a penalty to the extent of a half of the amount of penalty referred to in paragraph (1), taking into account the operator's business size, characteristics of the business territory and the degree of an offense and the number of offenses: in increasing it, the total amount of penalty shall not exceed 20 million won. <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
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 Article 36 (Imposition and Payment of Penalty)  
(1) Where the head of registration agency, etc. intends to impose a penalty pursuant to Article 35 of the Act, he shall specify in writing the category of such offense and an amount of penalty and notify to pay it.
(2) Any person who receives a notification pursuant to paragraph (1) shall pay a penalty to the receiving agency as determined by the head of registration agency, etc.: Provided, That where he is unable to pay the penalty within the period due to any natural disaster or similar cause, he shall pay it within seven days from the date on which such cause disappears.
(3) The receiving agency which has received a penalty pursuant to paragraph (2) shall issue a receipt to the payer.
(4) The penalty-receiving agency shall, on receipt of a penalty pursuant to paragraph (2), notify promptly such fact to the head of registration agency, etc.
(5) No penalty shall be paid in installments.
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 Article 37 (Qualification Standards for Tourist Service Which Requires Qualifications)  
The tourist service and qualification standards by service which the head of registration agency, etc. may recommend that any persons qualified as tourist employees be engaged in under Article 36 (1) of the Act shall be listed as the Appendix 4.
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 Article 37-2 (Tourist Employees under Control of Mayor/Do governor)  
The term "tourist employees as prescribed by the Presidential Decree" in the main sentence of Article 38 of the Act means the persons falling under the following subparagraphs:
1. Certified domestic tour guide; and
2. Certified hotel service provider.
[This Article Added by Presidential Decree No. 18800, Apr. 22, 2005]
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 Article 38 (Requirements for Establishment of Korea Tourism Association)  
(1) In intending to establish the Korea Tourism Association (hereinafter referred to as the "Association") pursuant to Article 39 (2) of the Act, promoters composed of not less than a third of representatives from tourist associations by area and industry referred to in Article 41 shall prepare its articles of association and have them decided by the inaugural general meeting composed of a majority of representatives from tourist associations by area and industry.
(2) The necessary business until officers are appointed after the Association's establishment shall be carried out by promoters.
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 Article 39 (Permission, etc. on Mutual-Aid Project)  
(1) Where the Association intends to obtain permission on mutual-aid project pursuant to Article 41 (2) of the Act, it shall make an application accompanied by its mutual-aid regulations to the Minister of Culture and Tourism.
(2) The mutual-aid regulations referred to in paragraph (1) shall include the matters on methods of carrying out a project, mutual-aid contracts and methods for calculating mutual-aid contributing and liability reserves.
(3) Where the Association intends to change its mutual-aid regulations referred to in paragraph (1), it shall obtain approval from the Minister of Culture and Tourism.
(4) Any person who carries out a mutual-aid project shall appropriate liability reserves for the project at the end of every business year and accumulate them on such terms and conditions as the mutual-aid regulations may determine.
(5) Accounting on a mutual-aid project shall be kept accounts separately from accounting on the Association's other projects.
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 Article 40 (Contents of Mutual-Aid Projects)  
The contents of mutual-aid projects referred to in Article 41 (3) of the Act shall be:
1. Mutual-aid and indemnification service against property and personal indemnification due to an accident in connection with a tourist business operator's tourist business activities;
2. Compensation service for employees overtaken by disaster due to an accident attendant on tourist business activities; and
3. Other service for seeking economic benefits between members.
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 Article 41 (Establishment of Tourist Associations by Area or Industry)  
The territory in which tourist associations by area or industry may be established pursuant to Article 43 (1) of the Act shall be:
1. Tourist associations by area shall be established on a Special Metropolitan City, Metropolitan City or Do unit basis, and branches may be established in an area as deems necessary; and
2. Tourist associations by industry may be established on a nationwide unit basis, taking into account the characteristics of service by industry.
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 Article 42 (Time of Establishment for Tourist Development Plan)  
A basic plan for tourist development referred to in Article 47 (1) of the Act shall be established every ten years, and a tourist zone development plan shall be established every five years.
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 Article 43 (Modification of Insignificant Tourist Zone Plan)  
The term "modification of insignificant matters as determined by the Presidential Decree" in the proviso of Article 49 (4) of the Act means: <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
1. A modification of matters of Article 47 (2) 1, 2 or 6 through 8 of the Act carried out to the extent of a basic plan for tourist development; and
2. A modification hereunder from among matters of Article 47 (2) 3 through 5 of the Act:
(a) Matters on the protection, use and management, etc. of tourist resources;
(b) Reduction of the area (referring to the area in the tourist zone plan; hereafter the same shall apply in items (c) and (d)) in tourist resorts or complexes (hereinafter referred to as "tourist resorts, etc.");
(c) Enlargement of the area in tourist resorts, etc. by not more than 30/100; and
(d) Zone adjustment (limited to adjustment within 30/100 of the area) of or change of names in tourist resorts, etc. based on geographical conditions, etc.
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 Article 44 (Insignificant Changes in Area)  
The term "insignificant change in area as determined by the Presidential Decree" in the latter sentence of Article 50 (3) of the Act means: <Amended by Presidential Decree No. 17589, Apr. 27, 2002; Presidential Decree No. 18800, Apr. 22, 2005>
1. Changes in area due to a correction of area resulting from a cadastral investigation or survey; and
2. Change in area (excluding any case in which farmland of not less than ten thousand square meters in an agricultural promotion area under Article 30 of the Farmland Act or farmland of not less than sixty thousand square meters in an area other than an agricultural promotion area is included additionally) within 30/100 of the designated area such as tourist resorts, etc.
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 Article 45 (Designation, Public Notification, etc. of Tourist Resorts, etc.)  
(1) Any public notification by the Mayor/Do governor referred to in Article 50 (4) of the Act shall include: <Amended by Presidential Decree No. 19312, Feb. 2, 2006>
1. Date of public notification;
2. Location and area of tourist resorts, etc.; and
3. A topographic map drawn to a scale of not less than 1 to 25,000 on which the zones of tourist resorts, etc. are marked.
(2) Where the Mayor/Do governor designates and makes a public notification of tourist resorts, etc., he shall notify the contents of such designation to the related head of Si/Gun/Gu (referring to head of autonomous Gu, hereinafter the same shall apply). <Amended by Presidential Decree No. 19312, Feb. 2, 2006>
(3) The Mayor/Do governor who has received a notification referred to in paragraph (2) shall have the head of Si/Gun/Gu keep a land statement specifying the lot numbers, land category, land register and owners of any tourist resorts, etc. so that the general public can gain access to it. <Amended by Presidential Decree No. 19312, Feb. 2, 2006>
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 Article 46 (Application for Approval on Formation Plan)  
(1) Any person who intends to obtain approval on a formation plan or change therein for tourist resorts, etc. pursuant to Article 52 (1) of the Act shall make an application for approval or approval of change on a formation plan for tourist resorts, etc., accompanied by the following documents: Provided, That where he applies for approval of change on a formation plan, documents not related to such change shall not be accompanied and the documents certifying the ownership or use right of the state-owned or public-owned land under subparagraph 4 may be submitted before the start of the work after the approval of a formation plan: <Amended by Presidential Decree No. 17589, Apr. 27, 2002; Presidential Decree No. 18082, Aug. 6, 2003>
1. A written plan for tourist facilities, a written plan for investment or a written plan for management of tourist resorts etc. which includes matters as determined by the Ministerial Decree of Culture and Tourism;
2. A land statement specifying lot numbers, land category, land register, owners and areas by facilities;
3. A bird's-eye view; and
4. Documents which are able to certify the ownership or use right of the land in case of a development by a private developer listed in subparagraph 8 of Article 2 of the Act: Provided, That where a private developer develops and not less than 2/3 of the private-owned land from among the relevant land is acquired, documents certifying the ownership of the acquired land and documents certifying the ownership or use right of the state-owned or public-owned land.
(2) Any tourist resort developer shall, in applying for approval or approval of change on a formation plan pursuant to the proviso of Article 52 (1) of the Act, submit an application for approval or approval of change to the head of Si/Gun/Gu, and the head of Si/Gun/Gu who has received an application for approval or approval of change on a formation plan shall submit it accompanied by a written opinion of his examination to the Mayor/Do governor within twenty days from the date of his receipt. <Amended by Presidential Decree No. 19312, Feb. 2, 2006>
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 Article 47 (Insignificant Change in Formation Plan)  
(1) The term "change in insignificant matters" listed in the latter part of Article 52 (1) of the Act means: <Amended by Presidential Decree No. 17589, Apr. 27, 2002; Presidential Decree No. 18082, Aug. 6, 2003>
1. Change within 20/100 of the area destined for tourist facilities;
2. Change within 30/100 of the area for land use plan (referring to the area for land use plan where approval of change on a formation plan is granted) by facility zone from among a plan for tourist facilities (change within 660 square meters where the area for land use plan by facility zone is less than 2200 square meters); and
3. Change within 30/100 of the total floorage (refers to the total floorage where approval of change on a formation plan is granted) by facility zone from among a plan for tourist facilities (change within 660 square meters where the area for land use plan by facility zone is less than 2200 square meters).
(2) Any person who has obtained approval on a formation plan for tourist resorts, etc. shall, making an insignificant change in a formation plan pursuant to paragraph (1), notify it to the head of the related administrative agency and the approval authority of formation plan, respectively.
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 Article 48 (Permission on Execution of Formation Plan)  
(1) Any person who intends to obtain permission on or consult about the execution of a formation plan pursuant to Article 53 (3) of the Act shall apply for it to the head of Si/Gun/Gu or the person who has obtained approval on a formation plan (hereinafter referred to as "project operator"), respectively, under the terms and conditions as the Ministerial Decree of Culture and Tourism may determine. <Amended by Presidential Decree No. 19312, Feb. 2, 2006>
(2) Where the head of Si/Gun/Gu or the project operator intends to grant permission or hold consultation referred to in paragraph (1), he shall examine the following matters of the formation project: <Amended by Presidential Decree No. 19312, Feb. 2, 2006>
1. Whether it goes against the formation plan; and
2. Whether it suits the natural landscapes and characteristics of any tourist resorts, etc.
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 Article 49 (Site Purchase and Entrustment of Compensation Service)  
(1) Where a tourist complex developer intends to entrust the head of the competent local government with the purchase service of sites and compensation service for losses from a formation project pursuant to Article 53 (5) of the Act, he shall specify the following matters in the contents of such entrustment: <Amended by Presidential Decree No. 17589, Apr. 27, 2002>
1. Place and period for executing entrusted services;
2. Kinds, size and amount of entrusted services;
3. Expenses necessary for the discharge of entrusted services and the method of their payment; and
4. Other matters necessary for the discharge of entrusted services.
(2) The head of a local government may, on being entrusted pursuant to paragraph (1), charge commission fees for his services under the terms and conditions as the Ministerial Decree of Culture and Tourism may determine.
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 Article 49-2 (Fiction of Authorization or Permission, etc.)  
The term "facilities as prescribed by the Presidential Decree" in subparagraph 1 of Article 55 of the Act means the amusement parks referred to in Article 2 (1) 2 of the Enforcement Decree of the National Land Planning and Utilization Act.
[This Article Added by Presidential Decree No. 18800, Apr. 22, 2005]
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 Article 50 (Application, etc. for Compensation)  
(1) Any person who intends to be confirmed as a rightful owner pursuant to Article 59 (1) of the Act shall make an application for its confirmation to the head of Si (referring to the head of Si in which no Gu is established and limited to the said area for a Si in the urban and rural composite form; hereafter in this Article the same shall apply), head of Gu (including the head of Gu other than any autonomous Gu, and limited to the said area for a Si in the urban and rural composite form; hereafter in this Article the same shall apply) or head of Eup/Myeon having jurisdiction over the area where such land, things or rights (hereinafter referred to as "land, etc.") are located.
(2) The head of Si/Gu/Eup/Myeon shall announce the following matters at a bulletin board of a Ri/Dong or at a prominent place where such Si/Gu/Eup/Myeon office and land, etc. are located pursuant to Article 59 (2) of the Act:
1. Purpose of the announcement;
2. Name (the name and the name of the representative for a corporation), resident registration number and address of the applicant for issuance of a written confirmation;
3. Representation of land, etc.;
4. Titleholder on the register, forest book, cadaster or other public book; and
5. Method and period for making an objection.
(3) Where the head of Si/Gu/Eup/Myeon issues a written confirmation pursuant to Article 59 (2) of the Act, he shall enter it in a confirmation issue book and have it sealed by the applicant.
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 Article 51 (Advance Receipts)  
Where any project operator intends to receive advance receipts pursuant to Article 60 of the Act, he shall consult with the person who wants to purchase land or facilities in lots or use the installation about such amount and payment method.
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 Article 52 (User Contributions)  
(1) Where any project operator intends to have a user of support facilities bear contribution pursuant to Article 61 (1) of the Act, he shall request in writing the user to pay his contributions by specifying construction work name, construction cost, his share to be borne, payment method and time limit for payment of support facilities.
(2) The construction cost of support facilities referred to in paragraph (1) shall be the total amount of:
1. Construction expenses (excluding investigation and survey expenses, design expenses and administrative expenses); and
2. Compensation cost (including appraisal cost).
(3) An amount of contributions referred to in paragraph (1) shall be calculated by the project operator in consultations with the users, taking into account the number of users and use frequency, etc. of support facilities.
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 Article 53 (Amount Borne by Causers)  
The provisions of Article 52 shall apply mutatis mutandis where the project operator intends to charge an amount borne by causers pursuant to Article 61 (2) of the Act.
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 Article 54 (Sharing of Maintenance, Management and Repair Expenses)  
(1) Where any project operator intends to have the expenses of maintenance, management and repair of common facilities shared pursuant to Article 61 (3) of the Act, he shall request business operators at the tourist resorts, etc. to pay them, accompanied by documents stating the maintenance, management and repair status, their shares to be borne, payment method, time limit for payment and calculated details of common facilities.
(2) The sharing ratio of maintenance, management and repair expenses for common facilities referred to in paragraph (1) shall be determined by the project operator in consultations with business operators in proportion to the extent of their profits resulting from the use of facilities.
(3) The project operator shall notify the sharing and use status of maintenance, management and repair expenses by settling them to the sharers of such expenses.
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 Article 55 (Entrusted Collection of User Contributions and Amount Borne by Causers)  
Where a project operator intends to entrust the collection of user contributions, amount borne by causer or maintenance, management and repair expenses (hereafter referred to as "contributions, etc." in this Article) referred to in Article 61 of the Act to the head of Si/Gun/Gu pursuant to Article 62 (1) of the Act, he shall specify the following matters in the contents of such entrustment:
1. Name and address of the person liable for the payment of contributions, etc.;
2. Amount of contributions, etc.;
3. Cause and time limit for payment of contributions, etc.; and
4. Other matters necessary for the collection of contributions, etc.
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 Article 56 (Contents of Measures for Resettlement)  
Any measures for resettlement which a project operator establishes pursuant to Article 63 (1) of the Act shall include:
1. Purchase of curtilage and arable land;
2. Preparation of housing sites and housing construction;
3. Resettlement compensation;
4. Resettlement method and time;
5. Expenses attendant on measures for resettlement; and
6. Other necessary matters.
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 Article 56-2 (Requirements for Designation of Special Tourist Zone)  
The area that may be designated as a special tourist zone under Article 67 of the Act shall be one equipped with all of the following requirements:
1. It shall be an area wherein customer service facilities, shopping facilities, recreation and amusement facilities, accommodation facilities, public convenience facilities, and tour guide facilities are distributed capable of satisfying the tourist demand of foreign tourists under the conditions as prescribed by the Ministerial Decree of Culture and Tourism;
2. The number of foreign tourists in the relevant area during the recent one year shall be not less than 100 thousand (500 thousand in case for Seoul Special Metropolitan City) according to the result of statistics by a specialized statistics institution equipped with the standards publicly announced by the Minister of Culture and Tourism;
3. The land which has no direct relation with the tourist activity, such as forest lands, farm lands, industrial sites or building sites, shall not exceed 10 percent of the total area of special tourist zone; and
4. The areas satisfying the requirements of subparagraphs 1 through 3 shall not be separated.
[This Article Added by Presidential Decree No. 18800, Apr. 22, 2005]
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 Article 57 (Establishment and Enforcement of Promotion Plan for Special Tourist Zone)  
(1) Where it is necessary for establishing a promotion plan for special tourist zone (hereinafter referred to as a "promotion plan") pursuant to Article 68 of the Act, the head of Si/Gun/Gu may seek opinions of the inhabitants of the relevant Si/Gun/Gu.
(2) The head of Si/Gun/Gu shall establish and enforce a promotion plan comprising the matters falling under the following subparagraphs:
1. Matters regarding the improvement of tourist convenience facilities for foreign tourists;
2. Matters regarding the festivities and events of specific character and variety, and others for publicity;
3. Matters regarding the improvement of system designed to induce tourists;
4. Matters regarding the development of tour courses linked with the neighboring area surrounding the special tourist zone; and
5. Other matters which are necessary for the inducement of tourists such as the establishment of tour order, the improvement of tour service, which are determined by the Ministerial Decree of Culture and Tourism.
(3) The head of Si/Gun/Gu shall examine the propriety of the established promotion plan every five years and take necessary measures such as the modification of the promotion plan.
[This Article Wholly Amended by Presidential Decree No. 18800, Apr. 22, 2005]
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 Article 57-2 (Evaluation of and Measures for Special Tourist Zone)  
(1) The Mayor/Do governor shall evaluate the actual status of the implementation of the promotion plan referred to in Article 68-3 (1) of the Act once a year, and conduct, when conducting such an evaluation, by organizing an evaluation group comprising the experts of the academic world, institutions and organizations related with tourism, local inhabitants, and the people engaged in tourism-related business circle.
(2) The Mayor/Do governor shall report the evaluation results under paragraph (1) to the Minister of Culture and Tourism within 1 month from the date on which such evaluation is completed, and the Minister of Culture and Tourism may evaluate directly in case where he deems it necessary to evaluate additionally other than the matters reported by the Mayor/Do governor.
(3) The Mayor/Do governor may take measures in line with the categorization of each of the following subparagraphs following the evaluation results of the actual status of the implementation of the promotion plan under Article 68-3 (2) of the Act:
1. Revocation of the designation of special tourist zone in case where the special tourist zone is judged as having no possibility of improvement as it is short of the designation requirements for 3 consecutive years;
2. Revocation of the designation of special tourist zone in case where the special tourist zone showing unsatisfactory performance records of the promotion plan has failed to implement the improvement request three times or more; and
3. Adjustment of the designated area or request to improve the investment and business plan with respect to the special tourist zone showing unsatisfactory performance results of the promotion plan.
[This Article Added by Presidential Decree No. 18800, Apr. 22, 2005]
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 Article 58 (Application for Payment of State Subsidies)  
(1) Any person who intends to receive subsidies referred to in Article 71 (1) of the Act shall make an application to the Minister of Culture and Tourism under the terms and conditions as the Ministerial Decree of Culture and Tourism may determine.
(2) The Minister of Culture and Tourism may, on receipt of an application referred to in paragraph (1), review the contents and terms of such application through an on-the-spot investigation, etc. by related public officials as deems necessary.
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 Article 59 (Decision, etc. to Pay Subsidies)  
(1) Where it deems that an application referred to in Article 58 is appropriate, the Minister of Culture and Tourism shall decide on the payment of subsidies and notify it to the applicant.
(2) Any subsidies referred to in paragraph (1) shall, in principle, be paid before the project's completion, but may be paid after its completion as necessary.
(3) Any person who has received subsidies (hereinafter referred to as a "subsidized operator") shall report how the project has made progress to the Minister of Culture and Tourism under the terms and conditions as the Minister of Culture and Tourism may determine.
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 Article 60 (Change, etc. in Business Plan)  
(1) Any subsidized operator shall obtain approval in advance from the Minister of Culture and Tourism where he intends to change or close a business plan or discontinue the project.
(2) Where any fact hereunder occurs, a subsidized operator shall report promptly it to the Minister of Culture and Tourism: Provided, That the successor in case of death, the representative of a corporation which continues to exist or is newly established due to a merger in case of merger, and the liquidator in case of a dissolution shall make a report:
1. Where he changes his name (in case of a corporation, the name of the corporation or the name of the representative) and address;
2. Where he modifies the articles of association or rules;
3. Where he is dissolved or goes bankrupt; and
4. Where he commences or winds up his project.
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 Article 61 (Restrictions, etc. on Use of Subsidies)  
(1) No subsidized operator shall use subsidies for any use other than their purpose.
(2) Where a person for which a decision to pay subsidies is made or a subsidized operator falls hereunder, the Minister of Culture and Tourism may order to withdraw the decision to pay subsidies, suspend the payment of subsidies or refund all or part of already paid subsidies:
1. Where he applied for payment of subsidies or receives subsidies by fraud or other illegal means; and
2. Where he violates the payment terms of subsidies.
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 Article 62 Deleted.<by Presidential Decree No. 18800, Apr. 22, 2005>  
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 Article 63 (Entrustment of Authority)  
(1) The Minister of Culture and Tourism or the Mayor/Do governor shall entrust the following authorities to the Korea National Tourism Corporation, the Association, tourist associations by area or industry, or specialized research and test institutions pursuant to Article 75 (3) of the Act: <Amended by Presidential Decree No. 17589, Apr. 27, 2002; Presidential Decree No. 18082, Aug. 6, 2003; Presidential Decree No. 18800, Apr. 22, 2005>
1. The authority on the designation and cancellation of designation of tourist restaurant business, tourist photographic business, passenger vehicle terminal facility business and tourist local liquor sales business among tourist convenience facility business referred to in Articles 6 and 33 of the Act shall be entrusted to tourist association by area;
2. The authority on the inspection of casino machines referred to in Article 24 (3) of the Act shall be entrusted to such an inspection institution as designated by the Minister of Culture and Tourism pursuant to Article 24 (2) of the Act (hereinafter referred to as a "casino machine inspection institution");
3. The authority for the safety test of game facilities and amusement machines and for a test to verify that they are not subject to the safety test provided for in Article 31 (1) of the Act shall be entrusted to any tourist association by business type or any specialized research and test institution (hereinafter referred to as the "registered safety test institutions") which are each complete with manpower, facilities, etc. prescribed by the Ministerial Decree of Culture and Tourism and registered with the Minister of Culture and Tourism under the conditions as prescribed by the Ministerial Decree of Culture and Tourism. In this case, the Minister of Culture and Tourism shall publish the names, domiciles, representatives, etc. of the registered safety test institutions;
3-2. Notwithstanding the provisions of the former part of subparagraph 3, the test prescribed by the Ministerial Decree of Culture and Tourism shall be entrusted to any tourist association by business type or any specialized research and test institution, which is designated and published by the Minister of Culture and Tourism from among registered safety test institutions;
4. The authority on the qualifying examination, registration and issuance of certificates of qualifications to certified tour-interpreter-guides, certified hotel operators and certified hotel managers from among
tourist employees referred to in Article 36 of the Act shall be entrusted to the Korea National Tourism Corporation;
5. The authority on the qualifying examination, registration and issuance of certificates of qualifications to certified domestic tour guides and certified hotel service providers from among tourist employees referred to in Article 36 of the Act shall be entrusted to the Association; and
6. The authority on the safety education of employees at amusement facility business among tourist employees referred to in Article 37 (1) of the Act shall be entrusted to any person designated and publicly notified by the Minister of Culture and Tourism from among tourist associations by business type or specialized research and test institutions equipped with manpower and facilities which can conduct the safety education.
(2) Any tourist association by area which has carried out the entrusted functions pursuant to paragraph (1) 1 shall report them to the Mayor/ Do governor.
(3) The Mayor/Do governor shall every month put together matters reported to him by tourist associations by area pursuant to paragraph (2) and report them to the Minister of Culture and Tourism by the tenth of the next month.
(4) Any casino machine inspection institution that is entrusted with the authority to inspect casino machines under paragraph (1) 2 shall establish operational regulations on inspection listed in paragraph (1) 2 and have them approved by the Minister of culture and Tourism under the terms and conditions as the Ministerial Decree of Culture and Tourism may determine. The same shall apply in cases where it changes them. <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
(5) Where the tourist associations by business type, or specialized research and test institutions which have carried out the entrusted functions pursuant to paragraph (1) 3 and 6 detect a violation of any Act or subordinate statutes in the course of discharging their functions, they shall report it promptly to the competent head of Si/Gun/Gu. <Amended by Presidential Decree No. 18800, Apr. 22, 2005>
(6) Where the Korea National Tourism Corporation and the Association which have carried out the entrusted functions pursuant to paragraph (1) 4 and 5 carry out the functions on the qualifying examination, registration and issuance of certificates of qualifications of tourist employees, they shall put together them quarterly and report them to the Minister of Culture and Tourism by the tenth of the next quarter.
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 Article 64 (Entrustment of Authority to Rate)  
(1) The Minister of Culture and Tourism shall entrust the authority to rate the hotel business referred to in Article 18 (1) of the Act to any corporation which has registered with the Minister of Culture and Tourism among corporations meeting the following requirements pursuant to Article 75 (3) 2 of the Act. In this case, the Minister of Culture and Tourism shall publish the name, domicile and representative, etc. of any corporation with which the authority to rate the hotel business is entrusted: <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
1. It shall be a non-profit corporation;
2. It shall be a corporation which carries on research and enlightenment activities on the fosterage of and improved services in tourist accommodation business; and
3. It shall secure not less than ten well-qualified appraisers meeting the standards as determined by the Ministerial Decree of Culture and Tourism by appraisal item.
(2) The matters concerning the registration and the revocation of the registration of any corporation entrusted with the authority to rate under paragraph (1) shall be determined and publicly notified by the Minister of Culture and Tourism. <Amended by Presidential Decree No. 18082, Aug. 6, 2003>
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 Article 65 (Entrustment of Authority for Lottery Issue)  
(1) The Minister of Culture and Tourism shall entrust the authority for issue of tourist lottery tickets referred to in Article 70 (1) of the Act to the Association pursuant to Article 75 (3) 7 of the Act.
(2) The Association which has been entrusted with the authority for issue of tourist lottery tickets pursuant to paragraph (1) shall, in issuing and selling tourist tickets, obtain approval in advance from the Minister of Culture and Tourism in respect of the kinds, terms, amount and methods, etc. of tourist lottery to be issued.
(3) The Association shall audit the accounts of funds relating to the issue of tourist lottery tickets separately from other accounts of the Association.
(4) The Minister of Culture and Tourism may pay consignment commissions where he consigns issuing and selling operations of tourist lottery tickets to the Association.
(5) The Association may appropriate funds required for issuing and selling tourist lottery tickets from its own budget as necessary.
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 Article 66 (Imposition and Collection Procedures for Fine for Negligence)  
(1) Where the head of registration agency, etc. imposes a fine for negligence pursuant to Article 81(1) of the Act, he shall specify in writing the conduct of an offense and an amount of fine for negligence and notify them to a person subject to a disposition of fine for negligence that he must pay the amount after investigating and confirming the offense.
(2) Where the head of registration agency, etc. intends to impose a fine for negligence pursuant to paragraph (1), he shall give the person subject to a disposition of fine for negligence to state his opinions orally or in writing. In this case, where no opinion is stated by the designated date, he shall be deemed to have no opinions.
(3) The head of registration agency, etc. shall, in determining an amount of fine for negligence, take into account the motive of such offense and its consequences, and the imposition standards shall be listed as per Table 5.
(4) The collection procedures for fine for negligence shall be determined by the Ministerial Decree of Culture and Tourism.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to subparagraphs 5 and 6 of Article 27 shall enter into force on July 1, 1999.
Article 2 (Transitional Measures on Approval, etc. on Tourist Business)
(1) Any person who has applied for approval or registration of a business plan or who has obtained approval on or registered tourist business as tourist business entered on the left column of the following schedule pursuant to the former provisions at the time of entry into force of this Decree shall be deemed a person who has applied for approval or registration of a business plan or who has obtained approval on or registered tourist business as tourist business entered on the right column of the following schedule, respectively.
Tourist hotel business
Marine tourist hotel business
National hotel business
International conference service
Universal tourist hotel business
Floating tourist hotel business
Family hotel business
International convention organizing business
(2) Any person who has obtained permission on universal amusement facility business or who has obtained permission on other game room business pursuant to Article 4 of the former Enforcement Decree of the Public Health Act at the time of entry into force of this Decree shall be deemed to have obtained permission on universal amusement facility business or general amusement facility business referred to in amendments to subparagraph 5 (a) and (b) of Article 2 of this Decree, and any person who has reported on other game room business pursuant to Article 4 of the former Enforcement Regulations of the Public Health Act shall be deemed to have reported on other amusement facility business referred to in amendments to subparagraph 5 (c) of Article 2 of this Decree. In this case a person who fails to meet the requirements for permission or report on each amusement facility business as determined by the Ministerial Decree of Culture and Tourism shall meet the requirements for permission or report within one year after the entry into force of the Ministerial Ordinance.
(3) Any person who has registered tourist restaurant business pursuant to the former provisions at the time of entry into force of this Decree shall be deemed to have been designated as tourist amusement restaurant business referred to in amendments to subparagraph 6 (a) of Article 2 of this Decree, and any person who has registered exclusive amusement restaurant business for foreigners pursuant to the former provisions at the time of the entry into force of this Decree shall be deemed to have been designated as exclusive amusement restaurant business for foreigners referred to in amendments to subparagraph 6 (b) of Article 2 of this Decree.
(4) Any person who has been designated as specialized tourist restaurant business or general tourist restaurant business pursuant to the former provisions at the time of the entry into force of this Decree shall be deemed to have been designated as tourist restaurant business referred to in amendments to subparagraph 6 (c) of Article 2 of this Decree. In this case, a person who fails to meet the designation standards as determined by the Ministerial Decree of Culture and Tourism shall meet the designation standards within six months after the entry into force of this Decree.
(5) Any person who has registered specialized recreation business pursuant to the former provisions at the time of the entry into force of this Decree shall be deemed to have registered specialized recreation business referred to in amendments to subparagraph 3 (a) of Article 2 of this Decree.
Article 3 (Transitional Measures on Sales in Lots or Invitation of Members)
The standards for, time and methods of sales in lots or the invitation of members for facilities of recreational condominium business and second class universal recreation business which were notified by the Mayor/Do governor that they could invite members by submitting documents related to sales in lot or the invitation of members pursuant to Article 12 (3) of the former Enforcement Regulations of the Tourism promotion Act at the time of the entry into force of this Decree shall be governed by the provisions of Article 12 of the former Enforcement Regulations of the Tourism Promotion Act notwithstanding the provisions of amendments to Article 25.
Article 4 (Transitional Measures on Administrative Dispositions, etc.)
(1) The calculation of the period for starting or completing work referred to in amendments to Article 33 for a person who has obtained approval on a business plan or started work on approval on a business plan pursuant to the former provisions at the time of the entry into force of this Decree shall be reckoned on the date of the entry into force of this Decree.
(2) The application of standards for penalty, fine for negligence or other administrative dispositions to acts committed prior to the entry into force of this Decree shall be governed by the former provisions (including public health Acts and subordinate statutes).
Article 5 (Tourist Services and Qualification Standards by Services for Tourist Employees)
The tourist services and qualification standards by services in which those qualified as tourist employees may be recommended to be engaged pursuant to Article 6 of Addenda of Amendment Act to Act No. 5654 Tourism Promotion Act shall be listed as per Table 4.
ADDENDA<Presidential Decree No. 17589, Apr. 27, 2002>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 18-2 of the Appendix 2-2 (Respective Criteria) and subparagraph 9-2 of the Appendix 3 shall enter into force on October 27, 2002.
(2) (Transitional Measures on Registration, etc. of Tourist Business) At the time when this Decree enters into force, the specialized recreation business, first-class universal recreation business and second-class recreation business as registered under previous provisions shall be deemed to have been registered under this Decree.
ADDENDA<Presidential Decree No. 18082, Aug. 6, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force after the lapse of 3 months from the date of its promulgation: Provided, That the amended provisions of Article 2 (1) 6 (h), Article 2 (2), subparagraph 6 of Article 8-6, subparagraph 1 of Article 62, Article 63 (1) 3 and 3-2 shall enter into force on the date of its promulgation and the amended provisions of Article 63 (1) 4 and 5 and the Attached Table IV shall enter into force on January 1, 2004.
Article 2 (Valid Term)
(1) The amended provisions of Article 63 (1) 3-2 shall be valid until December 31, 2006.
(2) In the event that the valid term referred to in paragraph (1) is not extended after going through a request for examination provided for in the provisions of Article 8 (3) of the Framework Act on Administrative Regulations or the amended provisions of Article 63 (1) 3-2 are not amended by December 31, 2006, the provisions of Article 63 (1) 3-2 shall lose their validity.
Article 3 (Transitional Measure concerning Registration of Tourist Hotel Business)
(1) Any person who registers his general tourist hotel business in accordance with the previous provisions at the time of the enforcement of this Act shall be deemed to register his tourist hotel business in accordance with the amended provisions of subparagraph 2 (a) of Article 2.
(2) Any person who registers his general tourist hotel business in accordance with the previous provisions at the time of the enforcement of this Act shall be deemed to register his tourist hotel business in accordance with the amended provisions of subparagraph 2 (a) of Article 2: Provided, That in the event that his tourist hotel business has no incidental facilities, such incidental facilities shall be installed within 3 months from the date of the enforcement of this Act.
Article 4 (Transitional Matter concerning Entrustment of Authority to Test Safety of Game Facilities, etc.)
Any association by business type or any specialized research and test institution that is each entrusted to test the safety of game facilities and game machines in accordance with the previous provisions at the time of enforcement of this Act shall be each deemed the registered safety test institution provided for in the amended provisions of Article 63 (1) 3 until December 31, 2004.
Article 5 (Transitional Measure concerning Standards for Qualifications by Tourist Services)
Any person who obtains qualifications for a tour-interpreter-guide, a domestic tour guide, a general manager, a first-class manager or a second class manager and an employee serving customers at front doors, guest rooms and restaurants in accordance with the previous provisions at the time of the enforcement of this Act shall be deemed to obtain qualifications for a certified tour-interpreter-guide, a certified domestic tour guide, a certified hotel operator, a certified hotel manager and a certified hotel service provider, respectively.
ADDENDA<Presidential Decree No. 18800, Apr. 22, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Application Examples regarding Registration of Change)
The amended provisions of Article 6 (1) 5 shall start to apply to the international convention organizing business which changes the seat of its office after the enforcement of this Decree.
Article 3 (Application Examples regarding Approval of Modification in Business Plan)
The amended provisions of Article 9 (1) 4 shall start to apply to the person who intends to modify his business type after the enforcement of this Decree.
Article 4 (Application Examples regarding Requirements for Designation of Special Tourist Zone)
The amended provisions of Article 56-2 shall start to apply to the special tourist zone which is designated after the enforcement of this Decree.
Article 5 (Application Examples regarding Evaluation of and Measures for Special Tourist Zone)
The amended provisions of Article 57-2 shall start to apply to the evaluation and measures which is executed after the enforcement of this Decree.
Article 6 (Transitional Measures regarding Approval for Modification of Business Plan)
A person who has obtained the approval for modification of business plan from the Mayor/Do governor under the previous provisions at the time of enforcement of this Decree shall be deemed to be a person who has obtained the approval for modification of business plan from the head of Si/Gun/Gu under the amended provisions of Article 13 (2).
Article 7 (Transitional Measures regarding Issuance of Membership Cards)
Notwithstanding the amended provisions of subparagraph 5 of Article 27, the previous provisions shall apply to the membership cards which have been issued under the previous provisions at the time of enforcement of this Decree.
Article 8 (Transitional Measures regarding Standard for Penalty Imposition)
The previous provisions shall apply to the imposition of penalty on an offence committed prior to the enforcement of this Decree under the amended provisions of Article 35 (2).
Article 9 (Transitional Measures regarding Establishment of Promotion Plan of Special Tourist Zone)
The head of Si/Gun/Gu who has jurisdiction over the special tourist zone which has been designated under the previous provisions at the time of enforcement of this Decree shall establish a promotion plan of special tourist zone within six months after the enforcement of this Decree, and such plan shall include the contents satisfying the requirements for designation under the amended provisions of Article 56-2.
ADDENDA<Presidential Decree No. 18978, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2005.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 19312, Feb. 2, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Tourism Business to Recruit Members) The previous provisions shall govern in the case of the tourism hotel business, tourism hotel on water business and the Korean traditional hotel business whose business plans have obtained approval at the time of enforcement of this Decree, notwithstanding the amended provisions of subparagraph 1 of Article 23.

Last updated : 2009-11-04