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Tourism Promotion Act


Published: 2011-04-14

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purposes of this Act are to contribute to the promotion of tourism by creating an environment favorable to tourism, developing resources for tourism, and fostering the tourism industry.
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 Article 2 (Definitions)   print
The terms used in this Act shall have the meanings indicated below respectively: <Amended by Act No. 8531, Jul. 19, 2007>
1. The term "tourism business" means a business of providing tourists with transportation, lodging, meals, sports, amusement, recreation or other services, or making any other facility available to tourists in connection with tourism;
2. The term "tourism business operator" means a person who has completed the registration, has obtained permission or a designation, or has filed a report (hereinafter referred to as "registration, etc.") in order to run a tourism business;
3. The term "package tour" means a trip for which a person who runs a travel business prepares a program for prospective travellers who desire to travel overseas, including the destinations and itinerary of the trip, and the details of and charges for transportation, accommodation, and other services provided to such travellers, and operates such program by inviting prospective travellers to participate in the program;
4. The term "member" means a person who has made an agreement with a tourism business operator [including any person who has obtained approval for a business plan under Article 15 (1) and (2)] to use any tourism facility preferentially or under more favorable conditions than those for ordinary users;
5. The term "co-owner" means a person who has purchased part of a tourism facility by lots from a tourism business operator [including those who have obtained approval for a business plan under Article 14 (1) and (2)] in the form of sole or joint ownership;
6. The term "tourist destination" means a place where natural or cultural resources for tourism are available and basic facilities for the convenience of tourists have also been made available, as designated under this Act;
7. The term "tourism complex" means an area designated as a base for tourism pursuant to this Act, in which diverse tourist facilities are or shall be developed comprehensively for various tourism and relaxation of tourists;
8. The term "private developer" means a private individual or a legal entity established under the Commercial Act or the Civil Act, who intends to develop a tourism complex;
9. The term "development plan" means a plan for development and management of tourist facilities necessary for betterment of protection and use of a tourist destination or a tourism complex;
10. " The term "support facilities" means such facilities installed inside and outside a tourist destination or a tourism complex as may be necessary for the operation, maintenance and active use of function of a tourist destination or a tourism complex; and
11. The term "special tourist zone" means an area designated pursuant to this Act as one exempted or relaxed from regulation by any statute in connection with tourism activities and in which it is required to concentrate efforts to develop an environment for tourism such as services, information systems, public relations, etc. relating to tourism activities in order to facilitate the attraction of foreign tourists.
CHAPTER II TOURISM BUSINESS
SECTION 1 Common Provisions
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 Article 3 (Categories of Tourism Businesses)   print
(1) Tourism businesses shall be divided into the following categories: <Amended by Act No. 8531, Jul. 19, 2007>
1. Travel business: The business of acting as an agent for travellers or business operators of means of transportation, accommodation, or other facilities incidentally required in travelling to provide them with services of arranging the use of such facilities, vicariously signing contracts, or furnishing them with information about travelling and other convenience for travelling;
2. Tourist accommodation business: Any of the following businesses:
(a) Hotel business: The business of operating facilities suitable for the accommodation of tourists to provide tourists with such facilities, or operating facilities for meals, sports, recreation, relaxation, performances, or training programs to provide tourists with such facilities along with accommodation; or
(b) Resort condominium business: The business of operating facilities suitable for accommodation and cooking for tourists to provide its members, co-owners, or other tourists with such facilities, or operating facilities for meals, sports, recreation, relaxation, performances, or training programs to provide them with such facilities along with accommodation;
3. Tourist-use facility business: Any of the following businesses:
(a) The business of operating facilities suitable for meals, sports, recreation, relaxation, cultural activities or arts, leisure activities, etc. for use by tourists; or
(b) The business of operating two or more different types of facilities as specified by Presidential Decree, along with facilities for tourist accommodation, etc. (hereinafter referred to as "tourist accommodation") for use by members or other tourists;
4. International conference business: The business of operating facilities installed properly for holding international conventions (including seminars, forums, and exhibitions; hereinafter the same shall apply) with a capacity for creating demand for large-scale tourism, or acting as an agent for vicariously executing commissioned business affairs related to planning, preparing, proceeding with international conventions;
5. Casino business: The business of operating an exclusive business facility in which certain players make a profit while other players sustain a loss as a consequence of probabilities, playing with specific implements such as dice, cards, and slot machines;
6. Amusement facility business: The business of operating facilities or machines installed for amusement or games for use by tourists (including a business of operating facilities or machines installed for amusement or games for the purpose of attracting tourists or running advertisements, etc., while carrying out other businesses); and
7. Tourist convenience facility business: The business of carrying out any project, or operating any facility, deemed capable of contributing to the promotion of tourism, except the tourism businesses defined under subparagraphs 1 through 6.
(2) The tourism businesses defined under paragraph (1) 1 through 4, and 6 and 7 may be subdivided, as prescribed by Presidential Decree.
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 Article 4 (Registration)   print
(1) A person who intends to conduct a travel business, tourist accommodation business, tourist facilities business and international conference business under the provisions of Article 3 (1) 1 through 4 shall register such business with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Amended by Act No. 9527, Mar. 25, 2009>
(2) Deleted. <by Act No. 9527, Mar. 25, 2009>
(3) A person who intends to register a business in accordance with paragraph (1) shall prepare the capital, facilities, equipment, etc., as prescribed by Presidential Decree. <Newly Inserted by Act No. 8531, Jul. 19, 2007; Act No. 9527, Mar 25, 2009>
(4) A person who intends to change any description registered in accordance with paragraph (1) and specified as a material fact by Presidential Decree shall make a revised registration. <Amended by Act No. 9527, Mar. 25, 2009>
(5) Matters necessary for procedures for the registration or revised registration under paragraphs (1) and (4) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9527, Mar 25, 2009>
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 Article 5 (Permission and Reporting)   print
(1) Any person who intends to operate a casino business under Article 3 (1) 5 shall have facilities and machines, including an exclusive business facility, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and obtain permission from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) A person who intends to run an amusement facility business prescribed by Presidential Decree, from among amusement facility businesses under Article 3 (1) 6, shall have facilities and equipment prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9097, Jun. 5, 2008>
(3) A person who intends to change any matter permitted pursuant to paragraph (1) or (2) and specified as a material fact by Ordinance of the Ministry of Culture, Sports and Tourism shall obtain permission to make such change: Provided, That a person who intends to make a minor modification shall file a report on such modification. <Amended by Act No. 8852, Feb. 29, 2008>
(4) A person who intends to run an amusement facility business, other than amusement facility businesses specified by Presidential Decree pursuant to paragraph (2), shall have facilities and equipment prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and file a report thereon to the Governor of a Self-Governing Province or the head of a Si/Gun/Gu. The foregoing shall also apply in cases where such person intends to change any important matter prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9097, Jun. 5, 2008>
(5) Matters necessary for the procedure, etc. for permission and reporting under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 6 (Designation)   print
A person who intends to conduct a tourist convenience facility business under Article 3 (1) 7 may obtain designation from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Mayor/Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/ Do Governor") or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9527, Mar 25, 2009>
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 Article 7 (Disqualifications)   print
(1) Any person, who falls under any of the following subparagraphs, shall not be qualified for registration as a tourism business or for filing a report thereon, nor may he/she obtain approval for a business plan under Article 15 (1) and (2). The foregoing shall also apply to a legal entity, if one of its executives falls under any of the following subparagraphs:
1. A person who is incompetent or quasi-incompetent;
2. A person who has been declared bankrupt, and has not yet been reinstated;
3. A person in whose case two years have not elapsed since the registration or approval for a business plan has been revoked or cancelled pursuant to this Act or his/her business facility was closed down pursuant to Article 36 (1); or
4. A person in whose case two years have not yet elapsed since a sentence of imprisonment with prison labor or heavier punishment imposed upon him/her has been completely executed or finally and conclusively exempted, or a person who is still under the suspension period.
(2) If a person who has completed the registration for a tourism business or filed a report thereon or a person who has obtained approval for a business plan falls under any of subparagraphs of paragraph (1), the Minister of Culture, Sports and Tourism, the Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as the "head of the competent registration authority") shall either revoke registration or approval on the business plan or close down his/her business facility within three months: Provided, That the foregoing shall not apply in cases where a legal entity has appointed a new executive within three months in replacement of an executive who falls under any subparagraph of paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 8 (Acquisition of Tourism Business)   print
(1) A person who acquires a tourism business or a legal entity that survives after a merger or is newly established as a consequence of a merger, in cases where a legal entity that has run a tourism business is merged into another legal entity, shall succeed to the rights and obligations of the tourism business operator under the registration or report filed for the tourism business [including the terms and conditions of agreements made between the tourism business operator and co-owners or members, in cases where the tourism business operator has sold co-ownership by lots or memberships in accordance with Article 20 (1)].
(2) A person who acquires, entirely of any major tourism business facility specified by Ordinance of the Ministry of Culture, Sports and Tourism through any of the following proceedings shall succeed to the status of the tourism business operator [including the rights and obligations under the agreements made between the tourism business operator and co-owners or members, in cases where the tourism business operator has sold co ownership by lots or memberships in accordance with Article 20 (1)]: <Amended by Act No. 8852, Feb. 29, 2008>
1. Public auction under the Civil Execution Act;
2. Conversion under the Debtor Rehabilitation and Bankruptcy Act;
3. Sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Act; or
4. Other proceedings similar to those under subparagraphs 1 through 3.
(3) Where a tourism business operator becomes subject to a disposition of revocation or suspension, or an order of improvement pursuant Article 35 (1) and (2), the effects of such disposition or order shall be transferred to the person who succeeds to the status of the tourism business operator in accordance with paragraph (1), and proceedings pending for any disposition or order mentioned above may, if the proceedings are in progress, continue further against such a new tourism business operator: Provided, That the foregoing shall not be applicable if the succeeding tourism business operator was unaware of the facts of such disposition, order or violation at the time he/she acquired or merged the business at issue.
(4) A person who succeeds to the status of a tourism business operator in accordance with paragraph (1) or (2) shall file a report with the head of the competent registration authority within one month after the date of succession.
(5) The provisions of paragraphs (1) through (4) shall also apply mutatis mutandis to succession to the status of a person who has obtained approval for a business plan under Article 15 (1) and (2).
(6) Article 7 shall apply mutatis mutandis to a person who succeeds to the status of a tourism business operator under paragraphs (1) and (2), and Articles 7 and 22 shall apply mutatis mutandis to a casino operator. <Amended by Act No. 9005, Mar. 28, 2008>
(7) A tourism business operator shall, when he/she suspends down or closes down his/her business, either completely or partially, inform the head of the competent registration authority of such action.
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 Article 9 (Insurance)   print
Every tourism business operator shall carry an insurance policy or membership in a mutual aid fund, which shall contain a provision that it shall pay the insurance proceeds to a tourist for any damage or loss sustained by him/her due to an accident or any other event arising in connection with the relevant business, or shall deposit the business guarantee instead. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 10 (Display of Tourism Signs)   print
(1) Any tourism business operator may post tourism signs at his/her business facility, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) No person, other than a tourism business operator, may post a tourism sign under paragraph (1) at his/her business facility, nor may he/she use a trade name that contains any word or words indicating any of the tourism business activities under Article 3 in part or in whole, if such word or words is or are likely to misrepresent the person as a tourism business operator.
(3) The specific extent of words included in trade names of tourism businesses, which may not be used, in whole or in part, by any person other than tourism business operators in accordance with paragraph (2), shall be prescribed by Presidential Decree.
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 Article 11 (Disposal of Tourism Facilities and Management by others)   print
A tourism business operator may allow other persons to run any supplementary facility for the tourism business, except those specified by Ordinance of the Ministry of Culture, Sports and Tourism, and convey such facility to any other person under conditions that the person shall use the facility continuously for the original purpose. <Amended by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008>
SECTION 2 Travel Business
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 Article 12 (Operation of Package Tour)   print
A person who has completed the registration of a travel business in accordance with Article 4 (1) (hereinafter referred to as a "travel agency") shall meet the requirements prescribed by Ordinance of the Ministry of Culture, Sports and Tourism to operate package tours, as specified by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 12-2 (Revitalization of Medical Tourism)   print
(1) In order to revitalize foreigners' medical tourism (medical tourism means that a patient who receives medical services, such as medical examination and treatment, operation, etc. from a medical institution in Korea and his/her companions go sightseeing in parallel with medical services; hereinafter the same shall apply), the Minister of Culture, Sports and Tourism may lend money or grant subsidies from the Tourism Promotion and Development Fund under the Tourism Promotion and Development Fund Act to any institution related to inducement and support of foreigners' medical tourism that meets standards prescribed by Presidential Decree.
(2) In addition to matters prescribed in paragraph (1), matters necessary for support of foreigners' medical tourism may be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9527, Mar. 25, 2009]
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 Article 13 (Overseas Tour Conductors)   print
Every travel agency shall employ a person who meets requirements prescribed by Ordinance of the Ministry of Culture, Sports and Tourism as a tour conductor, when it is required to employ such tour conductor in order to secure the safety of travellers and provide them with convenience in operating overseas tours for domestic residents. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 14 (Travel Contract)   print
(1) When entering into a contract with a traveler, any travel agency shall, to protect the traveler, provide him/her with safety information on the relevant destination, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(2) When having entered into a contract with a traveler, any travel agency shall deliver a travel contract (including the itinerary and terms and conditions of a contract; hereinafter the same shall apply), in which details of the services are written to the traveler.
(3) When any travel agency intends to change the itinerary (including an optional tour itinerary), it shall obtain a traveler's prior consent, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Wholly Amended by Act No. 9527, Mar. 25, 2009]
SECTION 3 Tourist Accommodation Business, Tourist-Use Facility Business, etc.
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 Article 15 (Approval for Business Plans)   print
(1) Any person who intends to conduct a tourist accommodation business shall prepare a business plan for such business before registering under Article 4 (1) and obtain approval of the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu therefor. The foregoing shall also apply to any intended change to matters prescribed by Presidential Decree, including changes in a certain scale to plottage, area of a building site, total floor area of a building in the business plan already approved. <Amended by Act No. 9097, Jun. 5, 2008; Act No. 9527, Mar 25, 2009>
(2) Any person who intends to conduct a tourist facilities business or international conference business prescribed by Presidential Decree may prepare a business plan for such business before registering under Article 4 (1) and obtain approval of the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu therefor. The foregoing shall also apply to any intended change to matters prescribed by Presidential Decree, including changes to a certain scale in plottage, area of a building site, total floor area of a building in the business plan already approved. <Amended by Act No. 9097, Jun. 5, 2008; Act No. 9527, Mar 25, 2009>
(3) Matters necessary for guidelines and procedures for approval for a business plan or revisions thereto under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
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 Article 16 (Constructive Authorization or Permission upon Approval for Business Plans)   print
(1) It shall be deemed that permission, cancellation, or reporting under any of the following subparagraphs is granted or duly completed upon obtaining approval for a business plan in accordance with Article 15 (1) or (2): <Amended by Act No. 8819, Dec. 27, 2007; Act No. 9527, Mar 25, 2009>
1. Permission for diversion of farmland under Article 34 (1) of the Farmland Act;
2. Permission for or reporting on diversion of a mountainous district under Articles 14 and 15 of the Management of Mountainous Districts Act, or permission for or reporting on cutting of standing trees under Article 36 (1) or (4) or Article 45 (1) or (2) of the Forest Resources Creation and Management Act;
3. Release from designation as an area subject to erosion control under Article 20 of the Work against Land Erosion or Collapse Act;
4. Permission for diversion of grassland under Article 23 of the Grassland Act;
5. Permission for any river work, etc. or authorization for an implementation plan therefor under Article 30 of the River Act, or permission for occupation and use or authorization for an implementation plan therefor under Article 33 of the said Act;
6. Permission for occupation and use of public waters under Article 5 of the Public Waters Management Act, or approval for or reporting on an implementation plan under Article 8 of the said Act;
7. Permission for opening a private road under Article 4 of the Private Road Act;
8. Permission for any development activity under Article 56 of the National Land Planning and Utilization Act; or
9. Reporting on reinterment of a grave under Article 8 (3) of the Act on Funeral Services, etc. and permission for reinterment of a grave under .
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall, whenever he/she intends to grant approval for a business plan that involves matters falling under any of subparagraphs of paragraph (1), consult with the head of the competent administrative agency in advance, and, upon granting approval for such business plan, notify the head of the competent administrative agency thereof without delay. <Amended by Act No. 9097, Jun. 5, 2008>
(3) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall, whenever he/she intends to grant approval for revisions to a business plan pursuant to Article 15 (1) and (2), consult with the head of the competent administrative agency in advance, if such revisions involve a change in the purpose of using a building. <Amended by Act No. 9097, Jun. 5, 2008>
(4) A tourism business operator (applicable only to a tourist accommodation business) shall be deemed to have obtained permission or filed a report in relation to a change in the purpose of using a building under the Building Act, if he/she has obtained approval for revisions to the business plan concerned in accordance with the latter sentence of Article 15 (1).
(5) If approval for a business plan or revisions thereto has been granted pursuant to Article 15 (1), the provisions of Article 76 (1) of the National Land Planning and Utilization Act shall not apply to tourist accommodation and amusement facilities within such facilities included in the business plan and located within the area designated as any of the following zones pursuant to the said Act: Provided, That the foregoing shall apply to such facilities within a residential area only when the facilities involved conform to the guidelines for approval for a business plan, as prescribed by Presidential Decree, to protect the residential environment:
1. A commercial zone; or
2. A residential, industrial, or green zone specified by Presidential Decree.
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 Article 17 (Deliberative Committee on Registration of Tourist Accommodation Business, etc.)   print
(1) A deliberative committee on registration of tourist accommodation business and tourist-use facility business (hereinafter referred to as the "Committee") shall be established under the control of the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (referring to agencies to which authority has been delegated; hereafter the same shall apply in this Article and Article 18) to deliberate on matters concerning the registration (including revisions to any registered matter; hereafter the same shall apply in this Article) of tourist accommodation business under Article 4 (1), tourist-use facility business or international conference business specified by Presidential Decree. <Amended by Act No. 9097, Jun. 5, 2008; Act No. 9527, Mar 25, 2009>
(2) The Committee shall be comprised of ten or fewer members, including one chairperson and one vice-chairperson, and the deputy Governor or the deputy head of a Si/Gun/Gu (limited to autonomous Gus; hereinafter the same shall apply) shall become the chairperson, while one of the Committee members appointed by the chairperson shall be the vic chairperson and the Committee members shall consist of officials of the competent agencies having authority for reports, authorization, permission, etc. under any subparagraph of Article 18 (1). <Amended by Act No. 9097, Jun. 5, 2008>
(3) The Committee shall deliberate on:
1. Matters concerning the guidelines for the registration of a tourist accommodation business, or a tourist-use facility business or an international conference business specified by Presidential Decree;
2. Matters concerning whether a business under any subparagraph of Article 18 (1) satisfies the requirements for reporting, authorization, permission, etc., as required by the relevant Acts and subordinate statutes or
3. Deleted. <by Act No. 8531, Jul. 19, 2007>
(4) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall, whenever he/she intends to accept the registration of tourist accommodation business, tourist-use facility business or international conference business under paragraph (1), refer the case to the Committee for deliberation in advance: Provided, That deliberation by the Committee may not be required for changes to minor matters specified by Presidential Decree. <Amended by Act No. 9097, Jun. 5, 2008>
(5) Matters concerning the composition and operation of the Committee or other matters necessary for the Committee shall be prescribed by Presidential Decree.
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 Article 18 (Constructive Reporting, Permission, etc. upon Registration)   print
(1) A tourism business operator shall be deemed to have duly filed a report or obtained authorization, permission, etc. under any of the following subparagraphs, if the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu accepted the registration of business after deliberation by the Committee: <Amended by Act No. 9097, Jun. 5, 2008; Act No. 9432, Feb. 6, 2009>
1. Reporting on businesses of lodging, public bath, barbershop, beauty salon or laundry under Article 3 of the Public Health Control Act;
2. Permission for or reporting on a business specified by Presidential Decree among food-serving businesses under Article 36 of the Food Sanitation Act;
3. License for or reporting on a liquor distribution business under Article 8 of the Liquor Tax Act;
4. Registration of a foreign exchange business under Article 8 (3) of the Foreign Exchange Transactions Act;
5. Designation of a tobacco retailer under Article 16 of the Tobacco Business Act;
6. Sanction to the establishment of an entertainment facility under Article 6 of the School Health Act (which shall be limited to a tourist accommodation business or tourist-use facility business within a school zone subject to environmental sanitation and cleanup);
7. Reporting on a sports facility business under Article 20 of the Installation and Utilization of Sports Facilities Act among sports facility businesses subject to the reporting under Article 10 of the said Act;
8. Permission for marine leisure activities under Article 63 (3) of the Sea Traffic Safety Act; or
9. Reporting on or permission for opening an attached medical institution under Article 35 of the Medical Service Act.
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall, upon accepting the registration of tourist accommodation business, tourist-use facility business or international conference business pursuant to paragraph (1), notify the head of the administrative agency having authority for reporting, authorization, permission, etc. under any subparagraph of paragraph (1) thereof without delay. <Amended by Act No. 9097, Jun. 5, 2008>
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 Article 19 (Rating of Tourist Accommodation Businesses)   print
(1) The Minister of Culture, Sports and Tourism may determine ratings of tourist accommodation businesses in order to afford convenience to users of tourist accommodation and maintain and control the quality of tourist accommodation and their services. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Matters necessary for rating of tourist accommodation under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 19-2 (Designation of Excellent Accommodation Facilities)   print
(1) The Minister of Culture, Sports and Tourism or the head of a local government may, so that tourists may make use of accommodation facilities conveniently and excellent accommodation facilities may increase, designate accommodation facilities which meet the standards prescribed by Presidential Decree or Municipal Ordinance of a local government as the excellent accommodation facilities, from among facilities (excluding facilities of a tourist accommodation business under Article 3 (1) 2; hereinafter referred to as "accommodation facilities") of an accommodation business under the Public Health Control Act.
(2) The Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree, or the head of a local government, as prescribed by Municipal Ordinance, may give support referred to in the following subparagraphs to accommodation facilities designated as the excellent accommodation facilities:
1. Lending from the Tourism Promotion and Development Fund under the Tourism Promotion and Development Fund Act;
2. Publicity in Korea and overseas; and
3. Other matters necessary for operation and improvement of accommodation facilities.
(3) Matters necessary for procedures for designation and cancellation of designation, etc. of the excellent accommodation facilities shall be prescribed by Presidential Decree or Municipal Ordinance of a local government.
[This Article Newly Inserted by Act No. 9527, Mar. 25, 2009]
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 Article 20 (Sale by Units and Offering of Membership)   print
(1) No person shall sell ownership in a facility of a tourism business by units (applicable only to a resort condominium; hereinafter the same shall apply) or offer membership therein, unless he/she has completed the registration of a specific type of tourist accommodation business or tourist-use facility business, as specified by Presidential Decree, or has obtained approval for the business plan concerned.
(2) No person shall: <Amended by Act No. 8531, Jul. 19, 2007>
1. Sell ownership in tourism accommodation or tourist-use facilities by units or offer membership thereof by using the name of a specific type of tourism accommodation business or tourist-use facility business, as specified by Presidential Decree, or any similar name, despite not being qualified for such sale by units or offering membership under paragraph (1);
2. Sell ownership in a tourism accommodation facility or offering membership therin by combining or connecting it with any facility other than a tourism accommodation facility: Provided, That a person who has completed the registration of a specific type of tourism accommodation business, as specified by Presidential Decree, or obtained approval of the business plan concerned may sell ownership in tourism accommodation by units or offer membership thereof by connecting it with a golf club, if he/she has obtained approval for the business plan for the golf club concerned in accordance with Article 12 of the Installation and Utilization of Sports Facilities Act; or
3. Acquire by transfer the right to use a facility of a tourism business under paragraph (1) from a co-owner or a member and offer membership to use such right.
(3) The standard contract form that a person intends to use for sale by units or offering of membership in accordance with paragraph (1) shall contain the terms and conditions under subparagraphs of paragraph (5).
(4) Every person who intends to promote sale by units or offering of membership under paragraph (1) shall perform such sale or offering in compliance with the guidelines and procedure prescribed by Presidential Decree for sale by units or offering of membership.
(5) A person who sells any facility by units or offers membership therein shall comply with Presidential Decree concerning the following matters to protect the rights and interests of co-owners and members:
1. Transfer or acquisition of equity shares in co-ownership or membership;
2. Use of facilities;
3. Collection of expenses incurred in maintaining and managing the facility;
4. Return of membership money;
5. Issuance and verification of membership cards;
6. Organization of a representative body of co-owners or members; and
7. Other matters prescribed by Presidential Decree for the protection of rights and interests of co-owners or members.
SECTION 4 Casino Business
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 Article 21 (Permission Requirements, etc.)   print
(1) The Minister of Culture, Sport and Tourism may, upon receiving an application for permission for a casino business under Article 5 (1) (hereinafter referred to as "casino business"), grant such a permit only when: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9097, Jun. 5, 2008>
1. The applicant intends to run casino business in the facilities of hotel business (limited to facilities with the highest rating out of ratings for tourism accommodation business, and to facilities with the next rating, if no facility with the highest rating exists in the City/Do) from among tourism accommodation business operated in the Special Metropolitan City, a Metropolitan City, a Do or the Special Self Governing Province (hereinafter referred to as the "City/ Do") having an international airport or an international passenger ship terminal or in a special tourist zone, or in a subsidiary facility to the facilities of international conference business specified by Presidential Decree, and meets requirements prescribed by Presidential Decree; or
2. The applicant intends to run the casino business on a passenger ship plying between Korea and another country, and meets the requirements prescribed by Presidential Decree.
(2) The Minister of Culture, Sports and Tourism may place a restriction on the permit under paragraph (1) as prescribed by Presidential Decree, if deemed necessary for the maintenance of public peace and order or the sound development of the casino industry. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 22 (Disqualification)   print
(1) No permit for a casino business may be granted to any person who falls under any of the following subparagraphs:
1. A person under nineteen years of age;
2. A person against whom a sentence of imprisonment without prison labor or heavier punishment has been finally and conclusively affirmed on account of a crime of forming an organization or a group under Article 4 of the Punishment of Violences, etc. Act or providing funds to such an organization or group;
3. A person against whom a sentence of imprisonment without prison labor or heavier punishment has been finally and conclusively affirmed on account of tax evasion or a violation of the Foreign Exchange Transactions Act;
4. A person in whose case two years have not yet passed since a sentence of imprisonment without prison labor or heavier punishment imposed upon him/her was completely executed or finally and conclusively waived;
5. A person who has been sentenced to a suspended execution of imprisonment without prison labor or heavier punishment and is still within the period of suspension;
6. A person who is sentenced to the suspended sentence of imprisonment without prison labor or heavier punishment and is still within the period of suspension; or
7. A legal entity that has an officer who falls under any provision of subparagraphs 1 through 6.
(2) In the event that a person to whom a permit for a casino business was granted (hereinafter referred to as a "casino operator") falls under any subparagraph of paragraph (1), the Minister of Culture, Sports and Tourism shall revoke the relevant permit: Provided, That the foregoing shall not apply in cases where a legal entity appoints within three months an office to replace an officer who has fallen under any of such grounds for revocation. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 23 (Standards of Facilities for Casino Business)   print
(1) A person who desires to obtain a permit for a casino business shall be equipped with the facilities and machines specified by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) A casino operator may be required to receive an inspection of certain facilities out of those under paragraph (1) from an inspection institute designated and publicly notified by the Minister of Culture, Sports and Tourism as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Every casino operator shall be responsible for the maintenance and management of the facilities and machines under paragraph (1).
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 Article 24 (Conditional Permit for Business)   print
(1) In granting a permit for a casino business, the Minister of Culture, Sports and Tourism may impose conditions that it shall be equipped with the facilities and machines under Article 23 (1) within the period of time set by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) If a person to whom the permit under paragraph (1) has been granted fails to fulfill such conditions of the permit without justifiable grounds, the Minister of Culture, Sports and Tourism shall revoke such permit. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 25 (Specifications and Standards of Casino Machines)   print
(1) The Minister of Culture, Sports and Tourism shall prescribe the specifications and standards (hereinafter referred to as the "officially approved standards") for the shape, structure, materials, and performance of machines used in casino businesses (hereinafter referred to as "casino machines"). <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Culture, Sport and Tourism may recognize the specifications and standards of casino machines that have passed a test conducted by an inspection institute designated by the Minister of Culture, Sports and Tourism as the officially approved standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Every casino operator shall, when he/she brings a casino machine into his/her business facility (including any ancillary facility) for use, receive an inspection conducted by the Minister of Culture, Sports and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, to confirm whether the machine meets the officially approved standards. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Every casino machine that has passed an inspection under paragraph (3) shall bear a certificate or a sign attached thereto or indicated thereon to show that it has passed the inspection (hereinafter referred to as "inspection certificate"), as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 26 (Categories and Method of Casino Business)   print
(1) The categories of the casino business shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Every casino operator shall file a report in advance with the Minister of Culture, Sports and Tourism on the business method and dividends for each category of the casino business under paragraph (1), as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. The foregoing shall also apply in cases where he/she intends to revise any matter already reported. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 27 (Guidance and Orders)   print
The Minister of Culture, Sports and Tourism may provide guidance or issue orders to any casino operator as he/she deems necessary for preventing excessive instigation of a speculative spirit or for the public interest. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 28 (Casino Operators' Duties)   print
(1) Any casino operator (including his/her employees specified by Presidential Decree; the same shall apply hereinafter for the purposes of this Article) shall not:
1. Install or use any casino machine that contravenes any relevant statute;
2. Alter any casino machine or facility or use any altered casino machine or facility in violation of any relevant statute;
3. Conduct the business outside a permitted exclusive business facility;
4. Admit any Korean national (excluding emigrants under Article 2 of the Emigration Act) into the casino;
5. Conduct an advertisement or public relations activity that has a possibility of instigating a speculative spirit excessively or undermining good public morals;
6. Engage in any business that does not fall under any category of business under Article 26 (1) nor carry on a business without filing a report on the business method, dividends, etc.;
7. Reduce the amount due to the Tourism Promotion and Development Fund under Article 30 (1) by omitting a certain amount from total sales;
8. Admit any person under nineteen years of age into the casino; or
9. Shut down the business for 60 days or longer without justifiable grounds during the corresponding year.
(2) Every casino operator shall comply with the casino business rules prescribed by Ordinance of the Ministry of Culture, Sports and Tourism as deemed necessary for the sound fostering and development of the casino industry. In this case, such business rules shall contain the following provisions: <Amended by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008>
1. Minimum business hours per day;
2. Duty to affix a collection box to each game table and indicate the maximum betting amount;
3. Minimum dividend rate of a slot machine or video game;
4. Duty to keep and maintain the records of the management of the electronic computer system, money exchange counter, settlement counter, and closed circuit system, and records related to accounting; and
5. Prohibited acts such as prohibition on casino workers' participation in games.
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 Article 29 (Casino Users' Duties)   print
Everyone who enters a casino shall respond properly to such questions asked by the casino operator as may be necessary for confirming that he/she is a foreigner (including an overseas emigrant under Article 2 of the Emigration Act).
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 Article 30 (Payment to Fund)   print
(1) Every casino operator shall pay an amount at a certain rate specified within the limit of 10/100 of the gross sales to the Tourism Promotion and Development Fund under the Tourism Promotion and Development Fund Act.
(2) If a casino operator fails to pay the money due under paragraph (1) by the deadline for payment, the Minister of Culture, Sports and Tourism shall urge the operator to pay it by fixing a period not be less than ten days. In such cases, an overdue charge at the rate of 3/100 of the overdue payment shall be additionally imposed. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The amount that a person fails to pay within a given period after being urged to pay under paragraph (2) shall be collected in accordance with the practice of the disposition on arrears in national taxes.
(4) Matters necessary for the gross sales under paragraph (1), collection rate, procedure for imposition and collection, etc. shall be prescribed by Presidential Decree.
SECTION 5 Amusement Facility Business
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 Article 31 (Conditional Business Permission)   print
(1) In granting permission for amusement facility business, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may impose conditions that such business shall be equipped with facilities and equipment under Article 5 (2) within a period set by Presidential Decree. <Amended by Act No. 9097, Jun. 5, 2008>
(2) If a person, to whom permission under paragraph (1) was granted, fails to fulfill the conditions of permission without justifiable grounds, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall revoke such permission. <Amended by Act No. 9097, Jun. 5, 2008>
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 Article 32 (Matters to be Observed by Waterside Excursion Type Amusement Facilities Business Owner)   print
Any person who has installed waterside excursion type amusement facilities or amusement equipment, from among persons who have obtained permission for an amusement facilities business pursuant to Article 5 (2) or made a report of an amusement facilities business pursuant to Article 5 (4) (hereinafter referred to as "amusement facilities business owner"), shall observe the safety and sanitation standards prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Wholly Amended by Act No. 9527, Mar. 25, 2009]
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 Article 33 (Safety Inspection, etc.)   print
(1) Any amusement facilities business owner and any person who intends to obtain permission for an amusement facilities business or permission for modification (including cases where any person, who obtained conditional permission for business, intends to start business after fulfilling such conditions) shall receive a safety inspection conducted by the Minister of Culture, Sports and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, for the amusement facilities or amusement machines subject to the safety inspection, as specified by Ordinance of the Ministry of Culture, Sports and Tourism, while the amusement facilities or amusement machines not specified as those subject to the safety inspection shall also be inspected to confirm that they are not subject to such safety inspection. In such cases, the Minister of Culture, Sports and Tourism may designate the inspection time in consideration of high demand season, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9527, Mar. 25, 2009>
(2) Every amusement facility operator obligated to receive the safety inspection under paragraph (1) shall place safety controllers at his/her business facility at all times, who shall be responsible for safety control of amusement facilities and amusement machines therein.
(3) Matters necessary for qualifications for safety controllers under paragraph (2), guidelines for placement of such safety controllers, their duties, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 34 (Maintenance, etc. of Business Order)   print
(1) Every amusement facility operator shall perform his/her duties prescribed by Ordinance of the Ministry of Culture, Sports and Tourism for the maintenance of order in the business. <Amended by Act No. 8852, Feb. 29, 2008>
(2) No amusement facility operator shall install or use any amusement facility or machine, or any part of such facility or machine manufactured, in violation of the relevant Acts and subordinate statutes.
SECTION 6 Guidance for and Supervision over Business
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 Article 35 (Revocation, etc. of Registration)   print
(1) If a person whose tourism business has been registered or who has filed a report on such business or to whom approval for the relevant business plan was granted falls under any of the following subparagraphs, the head of the competent registration authority may revoke registration or approval for the business plan, issue an order to suspend the operation of the business completely or partially for a given period, which shall not exceed six months, or issue an order to improve the facilities or their operation: <Amended by Act No. 8531, Jul. 19, 2007; Act No. 9527, Mar. 25, 2009>
1. If the person fails to make a revised registration within the prescribed period for the revised registration under Article 4 or has deviated from the scope of the registered business;
1-2. If the person fails to provide himself/herself with facilities and installations prescribed by Ordinance of the Ministry of Culture, Sports and Tourism pursuant to Article 5 (2) and (4);
2. If the person fails to obtain revised permission or files a revised report under Article 5 (3) or the latter sentence of paragraph (4) of Article 4;
3. If the person fails to file a report within the time limit under Article 8 (4) (including cases to which the said paragraph shall apply mutatis mutandis pursuant to paragraph (5) of the same Article);
3-2. If the person fails to report after he/she has suspended his/her business or closed his/her business, in violation of Article 8 (7);
4. If the person fails to carry an insurance policy or membership in a mutual fund or deposit the business guarantee instead, in violation of Article 9;
5. If the person conveyed a facility of the tourism business to another person or allows another person to run the business, in violation of Article 11;
6. If the person has operated a package tour, in violation of requirements and methods for the operation of package tours under Article 12;
7. If the person fails to provide safety information or to deliver a travel contract to a traveller, or changes the itinerary (including an optional tour itinerary) without obtaining a traveler's prior consent, in violation of Article 14;
8. If the person who obtained approval of the relevant business plan under Article 15 has not commenced or completed the project within the period specified by Presidential Decree without justifiable grounds or has changed the business plan at will without obtaining approval for revision thereto, in violation of the said Article;
9. If the person sold a facility by units or offered membership therein, in violation of Article 20 (1) or (4), or fails to perform his/her duty to comply with the provisions of paragraph (5) of the said Article for protection of co-owners and members;
10. If the person fails to continue satisfying requirements for permission for the casino business under Article 21;
11. If the person has neglected the maintenance and management of the casino facilities and machines, in violation of Article 23 (3);
12. If the person breached his/her duty to comply with the provisions of Article 28 (1) and (2);
13. If the person fails to pay his/her dues to the Tourism Promotion and Development Fund, in violation of Article 30;
14. If the person fails to observe the safety and sanitation standards for waterside excursion type amusement facilities, etc. or such under Article 32;
15. If the person fails to receive the safety inspection of the amusement facilities or amusement machines under Article 33 (1) or the inspection for confirming that such facilities or machines did not fall under those subject to the safety inspection, or fails to place safety controllers under paragraph (2) of the said Article;
16. If the person fails to perform his/her duty to comply with the provisions of Article 34 (1) for maintaining order in the business, or has installed or used any part manufactured unlawfully, in violation of paragraph (2) of the said Article;
16-2. If the person has let a person who does not have the relevant qualifications be engaged in the business, in violation of the proviso to Article 38 (1);
17. If the tourism business operator fails to provide cooperation in connection with the training program for tourism workers under Article 39 (2);
18. If the person fails to comply with an order to file a report or submit a document under Article 78, or has interfered with an inspection conducted by the relevant public official;
19. If the person has offered or received a bribe in the course of running the tourism business or promoting the relevant business plan; or
20. If the person has breached intentionally a travel contract (limited to a travel agency).
(2) If a person whose registration of the tourism business was accepted falls under any of the following subparagraphs, the head of the competent registration authority may order him/her to suspend the operation completely or partially for a given period, which shall not exceed six months: <Newly Inserted by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008>
1. If the person has assigned a person who did not meet qualification requirements under Article 13 to guide an overseas tour; or
2. If the person fails to comply with the guidance and an order of the Minister of Culture, Sports and Tourism under Article 27.
(3) Further details of standards for the disposition of revocation or suspension, or the order to improve a facility or the operation under paragraph (1) or (2) shall be prescribed by Presidential Decree, taking into account the causes and extents of violations. <Amended by Act No. 8531, Jul. 19, 2007>
(4) The head of the competent registration authority shall, upon receiving a report on or a notice of transfer or closedown of a tourism business from a tourism business operator who possesses goods for which customs duties have been exempted or abated in accordance with the Customs Act, etc. on conditions that such goods are to be used for the tourism business, within five years after the import permission for the goods was granted, or upon revoking the registration of the tourism business operator, notify the head of the competent customs office of such fact without delay.
(5) The head of the competent registration authority may, when he/she revokes the registration or orders a tourism business operator to suspend his/her business completely or partially pursuant to paragraph (1) or (2), notify the head of the relevant administrative agency (including the Minister of Strategy and Finance, if the person is a foreigner-invested company) of the fact pursuant to Article 18 (2). <Amended by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008>
(6) The head of any relevant administrative agency other than the competent registration authority shall, when he/she intends to suspend the business of a tourism business operator or invalidate the relevant permit or registration, or place a ban or restriction on use of any facility, consult in advance with the head of the competent registration agency.
(7) If a violation committed by a tourist accommodation business operator under any subparagraph of paragraph (1) constitutes a violation under Article 11 (1) of the Public Health Control Act, this Act shall apply to such violation, notwithstanding the relevant provisions of the Public Health Control Act.
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 Article 36 (Measures, etc. of Forced Closure)   print
(1) The head of the competent registration authority may assign relevant public officials to take following measures to close down a place of business against a person who engages in a business without obtaining permission or filing a report in accordance with Article 5 (1), (2), or (4), or a person who continues his/her business despite the relevant permission having been revoked or an order to suspend the business having been issued pursuant to Article 24 (2), 31 (2), or 35:
1. Removing or eliminating signboards or other business signs in the place of business;
2. Posting a notice informing that the place of business is not a legal one; and
3. Affixing seals for banning anyone from using the facilities, machines, etc. required for such business.
(2) The head of the competent registration authority may remove seals, if any of the following events occurs after the seals under paragraph (1) 3 were affixed. The foregoing shall also apply to notices posted pursuant to paragraph (1) 2:
1. If it is deemed unnecessary to keep the seals any longer; or
2. If the person who has engaged in the business or his/her agent files a request to remove the seals on justifiable grounds.
(3) The head of the competent registration authority shall, when he/she intends to take any measure pursuant to paragraph (1), notify in advance the business operator or his/her agent of his/her intended measures: Provided, That the foregoing shall not apply if urgent action is required.
(4) The measures under paragraph (1) shall be taken to the minimum extent necessary to stop the business from being run.
(5) The public officials executing the forced closure of a place of business pursuant to paragraph (1) shall carry a form of identification showing their authority with them and present it to the relevant people.
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 Article 37 (Imposition of Penalty Surcharges)   print
(1) The head of the competent registration authority may impose a penalty surcharge not exceeding twenty million won, in lieu of the disposition of suspending a business, on a tourism business operator who falls under the subparagraphs of Article 35 (1) or (2), when it is required to issue an order to suspend the business, but such suspension of business is likely to cause serious inconvenience to its users or undermine the public interest in any other way. <Amended by Act No. 9527, Mar. 25, 2009>
(2) The amounts of penalty surcharges to be imposed according to the category and degree of violation in accordance with paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
(3) If a person obligated to pay the penalty surcharge under paragraph (1) fails to do so by the deadline for payment, the head of the competent registration authority shall collect it in accordance with the practices of disposition on default of national or local taxes.
SECTION 7 Tourism Workers
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 Article 38 (Qualifications, etc. for Tourism Workers)   print
(1) The head of the competent registration authority may recommend the relevant tourism business operator to employ persons qualified as tourism workers for the tourism services prescribed by Presidential Decree: Provided, That a travel agency intended for foreign tourists shall let a person who has qualifications for interpretation and guide of tourists be engaged in guiding tourists. <Amended by Act No. 9527, Mar. 25, 2009>
(2) A person who intends to acquire qualifications for a tourism worker under paragraph (1) shall pass an examination conducted by the Minister of Culture, Sports and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and register his/her qualifications with the Minister of Culture, Sports and Tourism: Provided, That those separately specified by Ordinance of the Ministry of Culture, Sports and Tourism may be exempted from the examination wholly or partially. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Culture, Sports and Tourism shall issue a qualification certificate for a tourism worker to a person who has completed the registration under paragraph (2). <Amended by Act No. 8852, Feb. 29, 2008>
(4) A person may, if his/her qualification certificate for a tourism worker has been lost or destroyed, file an application for reissuing such certificate to the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(5) A person who falls under any of subparagraphs of Article 7 (1) shall not engage in providing tourism services under paragraph (1).
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 Article 39 (Training)   print
(1) Every tourism worker shall receive training conducted by the Minister of Culture, Sports and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Every tourism business operator shall provide cooperation, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, to ensure that tourism workers can receive training under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
(3) A tourism worker who has received training under paragraph (1) shall be deemed to have received sanitation training under Article 17 (1) of the Public Health Control Act and Article 41 (1) of the Food Sanitation Act. <Amended by Act No. 9432, Feb. 6, 2009>
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 Article 40 (Revocation, etc. of Qualifications)   print
The Minister of Culture, Sports and Tourism (or the Mayor/Do Governor for any tourism worker specified by Presidential Decree) may revoke qualifications of a tourism worker or issue an order to suspend qualifications for a period not exceeding six months, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, if the tourism worker who holds qualifications under Article 38 (1) falls under any of the following subparagraphs: Provided, That qualifications must be revoked, if the tourism worker falls under subparagraph 1: <Amended by Act No. 8852, Feb. 29, 2008>
1. If he/she has acquired qualifications by false or fraudulent means;
2. If he/she falls under any subparagraph of Article 7 (1);
3. If he/she has a record of fraudulent or wrongful conduct committed in the course of performing his/her duties as a tourism worker; and
4. Deleted. <by Act No. 8531, Jul. 19, 2007>
CHAPTER III TOURISM BUSINESS OPERATORS' ASSOCIATIONS
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 Article 41 (Establishment of Korea Tourism Association)   print
(1) Tourism associations for each region and each business category under Article 45 may establish the Korea Tourism Association (hereinafter referred to as the "Association"), which shall represent the tourism industry for the sound development of the tourism industry.
(2) Persons who intend to establish the Association shall obtain permission from the Minister of Culture, Sports and Tourism under conditions prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Association shall be a juristic person.
(4) The Association shall be duly formed upon completion of the registration of association.
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 Article 42 (Articles of Association)   print
The articles of The Association shall provide for:
1. Purpose of business;
2. Name;
3. Address of its office;
4. Matters concerning members and the general meeting of members;
5. Matters concerning executives;
6. Matters concerning business affairs;
7. Matters concerning accounting;
8. Matters concerning dissolution; and
9. Other important matters concerning its operation.
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 Article 43 (Business Affairs)   print
(1) The Association shall carry out:
1. Business affairs for the development of the tourism industry;
2. Surveys, research, and public relations activities necessary for the promotion of tourism projects;
3. Statistics relating to tourism;
4. Training and follow-up management of tourism workers;
5. Operation of the mutual-aid fund for members;
6. Business affairs entrusted by the Government or a local government;
7. Operation of tourist information centers; and
8. Profit-making businesses incidental to the business affairs under subparagraphs 1 through 7.
(2) The mutual aid fund under paragraph (1) 5 shall be subject to permission of the Minister of Culture, Sport and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Matters necessary for further details and operation of the mutual aid fund under paragraph (2) shall be prescribed by Presidential Decree.
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 Article 44 (Mutatis Mutandis Application of Civil Act)   print
Except as otherwise provided for in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association.
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 Article 45 (Tourism Associations for each Region and Business Category)   print
(1) Tourism business operators may establish a tourism association for each region or business category for the sound development of the tourism industry in the relevant field by region or by business type as prescribed by Presidential Decree.
(2) The tourism association for each business category under paragraph (1) shall obtain permission for its establishment from the Minister of Culture, Sport and Tourism, while the tourism association for each region shall obtain permission for its establishment from the Mayor/Do Governor. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 46 (Mutatis Mutandis Application of Provisions Governing Associations)   print
The provisions of Articles 41 through 44 shall apply mutatis mutandis to the establishment and operation of tourism associations for each region or business category.
CHAPTER IV PROMOTION AND PUBLIC RELATIONS OF TOURISM
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 Article 47 (Utilization, etc. of Tourism Information)   print
(1) The Minister of Culture, Sports and Tourism shall promote cooperative relationships with tourism-related international organizations in order to utilize information on tourism and strengthen the ties of international friendship through tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Culture, Sports and Tourism may take the initiative in providing recommendations or coordination initiatives in connection with any matter necessary for a tourism business operator, an organization of tourism business operators, or the Korea Tourism Organization (hereinafter referred to as "tourism business operator") in order to execute affairs under paragraph (1) efficiently. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Every tourism business operator shall comply with recommendations or coordination initiatives provided by the Minister of Culture, Sports and Tourism pursuant to paragraph (2), unless any extraordinary reason to the contrary exists. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 47-2 (Statistics of Tourism)   print
(1) The Minister of Culture, Sports and Tourism and the head of a local government may draw up the statistics of tourism at home and abroad in order to effectively formulate and implement a master plan for development of tourism pursuant to Article 49 (1) and a plan for development of tourism by region pursuant to Article 49 (2) to utilize them in the tourist industry.
(2) The Minister of Culture, Sports and Tourism and the head of a local government may, if necessary to formulate the statistics of tourism, investigate the actual conditions or request any public agencies, research institutes, juristic persons, organizations, private enterprises, individuals, etc. to cooperate with him/her.
(3) In addition to matters prescribed in paragraphs (1) and (2), matters necessary for preparation, management and utilization of the statistics of tourism shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9527, Mar. 25, 2009]
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 Article 48 (Public Relations for Tourism and Development of Tourism Resources)   print
(1) The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may provide coordination initiatives in public relations activities for tourism in Korea and overseas, examine promotional material for tourism, or provide any other support necessary for the promotion of international tourism and the sound development of national tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Culture, Sports and Tourism or the Mayor/Do Governor may, if necessary for promoting public relations activities for tourism pursuant to paragraph (1), provide recommendation to tourism business operator, etc. or provide guidance in connection with any matter necessary for a periodic survey on overseas tourism markets, production of promotional material for tourism, operation of tourist information centers, etc., as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The head of a local government, a tourism business operator, or a person who has obtained approval for a development plan for a tourist destination or a tourism complex under Article 54 (1) may install outdoor advertisements that provide information or advertise tourism resources, such as tourist destinations, a tourism complex, a special tourist zone, tourism facilities, etc., as prescribed by Presidential Decree, notwithstanding the provisions of the Outdoor Advertisements, etc. Control Act.
(4) The Minister of Culture, Sports and Tourism and the head of each local government may promote the following projects, as prescribed by Presidential Decree, in order to attract tourists, improve welfare in tourism and promote tourism: <Amended by Act No. 8852, Feb. 29, 2008>
1. Projects for developing cultural, sports, leisure and industrial facilities as tourism resources;
2. Projects of developing marine tourism and those for developing natural ecosystem as tourism resources;
3. Projects for developing a variety of tourism programs; and
4. Projects for improving welfare in national tourism.
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 Article 48-2 (Regional Festivals, etc.)   print
(1) The Minister of Culture, Sports and Tourism may investigate or appraise the actual conditions of regional festivals for systematic fostering and revitalization of regional festivals.
(2) The Minister of Culture, Sports and Tourism may offer an opinion on development directions, including the merger and abolition of regional festivals, etc. to the head of a local government or give advice to him/her.
(3) The Minister of Culture, Sports and Tourism may, in order to develop and foster various regional tourism resources, designate an excellent regional festival as a cultural tourism festival and support it.
(4) Matters necessary for standards for designation and supporting methods, etc. of a cultural tourism festival under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9527, Mar. 25, 2009]
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 Article 48-3 (Revitalization of Sustainable Tourism)   print
The Minister of Culture, Sports and Tourism may take necessary measures, such as supply of information and financial support, etc. in order to minimize the use of energy and resources, cope with climate change and promote the development of sustainable tourism resources reducing environmental destruction.
[This Article Newly Inserted by Act No. 9527, Mar. 25, 2009]
CHAPTER V DEVELOPMENT OF TOURIST DESTINATIONS, ETC.
SECTION 1 Development of Tourist Destinations and Tourism Complexes
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 Article 49 (Master Plans, etc. for Development of Tourism)   print
(1) The Minister of Culture, Sports and Tourism shall establish a master plan for the nationwide development of tourism (hereinafter referred to as "master plan"), which shall include the following descriptions, for the efficient development and management of tourism resources: <Amended by Act No. 8852, Feb. 29, 2008>
1. Matters concerning overall conditions and trends of the nationwide tourism;
2. Matters concerning the nationwide supply and demand for tourism;
3. Fundamental matters concerning the protection, development, utilization and management of tourism resources;
4. Matters concerning the creation of tourist zones;
5. Matters concerning the basic direction of the development of tourism for each tourist zone; and
6. Other matters necessary for the development of tourism resources.
(2) The Mayor/Do Governor (excluding the Governor of a Special Self-Governing Province) shall establish a plan for zonal development of tourism (hereinafter referred to as "zonal plan") that shall include the following matters for regions demarcated by the master plan: <Amended by Act No. 9097, Jun. 5, 2008; Act No. 9527, Mar. 25, 2009>
1. Matters concerning conditions and trends of tourism in the region;
2. Matters concerning the supply and demand for tourism in the region;
3. Matters concerning the protection, development, utilization and management of tourism resources;
4. Matters concerning the development, re-arrangement, supplementation of tourist destinations and tourism complexes;
4-2. Matters concerning appraisal of performance of a tourist resort and a tourist complex;
5. Matters concerning the connection of tourist destinations;
6. Matters concerning the promotion of tourism projects;
7. Matters concerning environmental conservation; and
8. Other matters necessary for the development, management and appraisal of tourism resources in the region.
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 Article 50 (Master Plans)   print
(1) The Mayor/Do Governor shall submit to the Minister of Culture, Sports and Tourism a written demand for tourism development projects necessary for establishing the master plan, and the Minister of Culture, Sports and Tourism shall integrate and adjust such demands to establish the master plan, and shall issue a public notice thereof. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Culture, Sports and Tourism shall consult with the heads of relevant ministries and administrations before he/she finalizes and publicly notifies the master plan prepared. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to modification of the finalized master plan.
(4) The Minister of Culture, Sports and Tourism may request the head of the relevant agency to furnish him/her with material necessary for preparing the master plan or request cooperation, and the head of each agency shall, upon receiving such demand or request, comply with the demand or request, unless there exist justifiable grounds otherwise. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 51 (Zonal Plans)   print
(1) A zonal plan shall be established by the Mayor/Do Governor (excluding the Governor of a Special Self-Governing Province; hereafter the same shall apply in this Article) having jurisdiction over the relevant region: Provided, That if a region involved in a zonal plan stretches over two or more Cities or Dos, the zonal plan for such region shall be established under an agreement between the relevant Mayors/Do Governors, however, if they fail to reach an agreement, the Mayor/Do Governor designated by the Minister of Culture, Sports and Tourism shall prepare the plan. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9097, Jun. 5, 2008>
(2) The Mayor/Do Governor shall finalize the zonal plan prepared pursuant to paragraph (1) after any adjustments by the Minister of Culture, Sports and Tourism and consultation with the heads of the relevant ministries and administrations. In such cases, the heads of the relevant ministries and administrations shall, upon receiving a request for consultation, present his/her opinion within 30 days after such request is made, unless there exists any special reason otherwise. <Amended by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008>
(3) Once the zonal plan is finalized, the Mayor/Do Governor shall issue a public notice of the gist thereof.
(4) The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to revisions to the finalized zonal plan: Provided, That modification of a trivial matter specified by Presidential Decree shall be approved by the Minister of Culture, Sports and Tourism in lieu of consultation with the heads of relevant ministries or administrations. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 52 (Designation of Tourist Destinations)   print
(1) Tourist destinations and tourism complexes (hereinafter referred to as "tourist destinations") shall, upon receiving a request by the head of a Si/Gun/Gu, be designated by the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That the Governor of a Special Self-Governing Province shall designate such tourist destinations for the Special Self-Governing Province. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9097, Jun. 5, 2008; Act No. 9527, Mar. 25, 2009>
(2) Whenever the Mayor/Do Governor intends to designate a tourist destination, etc. under paragraph (1), he/she shall consult with the heads of the relevant administrative agencies in advance: Provided, That the foregoing shall not apply when he/she intends to designate an area already designated and publicly notified as a planning management area under Article 36 (1) 2 (c) of the National Land Planning and Utilization Act (which means an area designated and publicly notified as a quasi-urban area pursuant to the provisions of Article 8 of the former Act on the Utilization and Management of the National Territory, in cases where an area has not been designated by the urban or military management plan pursuant to the provisions of the same Act) as a tourist destination pursuant to Article 30 of the said Act. <Amended by Act No. 10599, Apr. 14, 2011>
(3) The head of the relevant administrative agency shall, upon receiving a request for consultation pursuant to the main sentence of paragraph (2), shall present his/her opinion within 30 days after such request is made, unless there exist any special reasons otherwise. <Newly Inserted by Act No. 8531, Jul. 19, 2007>
(4) The cancellation of designation of a tourist destination or any change in its area shall be made in accordance with the procedure for the designation of tourist destinations. In such cases, a minor change in the area specified by Presidential Decree may be made without the consultation under the main sentence of paragraph (2).
(5) The Mayor/Do Governor shall, whenever he/she has made designation, cancellation of designation, or change in an area pursuant to paragraph (1) or (4), issue a public notice thereof. <Amended by Act No. 8531, Jul. 19, 2007>
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 Article 53 (Research and Survey)   print
(1) If necessary for preparing the master and zonal plans or designating a tourist destination, the Mayor/Do Governor may conduct a research and a survey over the relevant area. <Amended by Act No. 8531, Jul. 19, 2007>
(2) If necessary for the research and survey under paragraph (1), the Mayor/Do Governor may enter the land possessed by other persons.
(3) As to the access to the land possessed by other persons under paragraph (2), the provisions of Articles 130 and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis.
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 Article 54 (Establishment of Development Plans)   print
(1) The head of a Si/Gun/Gu having the jurisdiction over a tourist destination shall prepare a development plan and obtain approval from the Mayor/Do Governor therefor. The foregoing shall also apply to the revision to such plan (excluding a minor modification thereof as specified by Presidential Decree): Provided, That a public corporation specified by Ordinance of the Ministry of Culture, Sports and Tourism, including a government invested institution, or a private developer who intends to develop a tourism complex (hereinafter referred to as "tourism complex developer") may prepare a development plan and obtain approval of the Mayor/Do Governor therefor as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Mayor/Do Governor shall, when he/she intends to approve a development plan or a revision to such a plan under paragraph (1), consult with the heads of the relevant administrative agencies. In such cases, the heads of the relevant administrative agencies shall, upon receiving a request for such consultation, present their opinions within 30 days after such a request is made, unless there exist any extraordinary reasons otherwise. <Amended by Act No. 8531, Jul. 19, 2007>
(3) The Mayor/Do Governor shall, upon granting approval for a development plan or revisions to such plan pursuant to paragraph (1), issue a public notice thereof without delay. <Amended by Act No. 8531, Jul. 19, 2007>
(4) The provisions of subparagraph 13 of Article 58 and Article 61 shall not apply to a tourism complex developed by a private developer: Provided, That the foregoing shall not apply to any parcel of private land remaining after acquiring two thirds of private land or more within the area subject to the development under the relevant development plan. <Amended by Act No. 9527, Mar. 25, 2009>
(5) The Governor of a Special Self-Governing Province controlling tourist destinations shall formulate development plans in consultation with the head of the relevant administrative agency, and publicize them without delay upon completing the formulation of such development plans. <Newly Inserted by Act No. 9097, Jun. 5, 2008>
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 Article 55 (Implementation of Development Plans)   print
(1) Except as otherwise provided for in this Act or in any other Act or statutes, a project for implementing a development plan (hereinafter referred to as "development project") shall be carried out by a person who has obtained approval for the development plan (including cases where the Governor of a Special Self-Governing Province has formulated a development plan under Article 54 (5); hereinafter referred to as "project executor"). <Amended by Act No. 9097, Jun. 5, 2008>
(2) A project executor who has purchased land required for a development project with approval from the Mayor/Do Governor to promote the development of a tourist destination before the relevant development plan was approved shall be deemed to have purchased the land in his/her capacity as the project executor.
(3) A person who is not a project executor intends to execute a development project may, in accordance with guidelines and procedures prescribed by Presidential Decree, carry out such development project by obtaining approval of the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, if the project executor is the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, or in consultation with a tourism complex developer, if the project executor is such tourism complex developer, in accordance with guidelines and procedures prescribed by Presidential Decree. <Amended by Act No. 9097, Jun. 5, 2008>
(4) A person who is not a project executor intends to execute a development project (limited to projects for which the Special Self-Governing Province governor or the head of a Si/Gun/Gu obtained approval for a development plan; hereinafter the same shall apply for the purposes of this paragraph) may execute such development project without obtaining approval of the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, if he/she has obtained approval for a business plan under Article 15 (1) and (2), notwithstanding paragraph (3). <Amended by Act No. 9097, Jun. 5, 2008>
(5) A tourism complex developer specified by Ordinance of the Ministry of Culture, Sports and Tourism, including a government-invested institution that intends to develop a tourism complex, may entrust the head of the competent local government with affairs relating to purchasing of the land required and the compensation for damages and losses as prescribed by Presidential Decree [this clause shall be applicable to a private developer only where the remaining parcels of land under the proviso to Article 54 (4) are expropriated or used]. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 56 (Invalidation, Cancellation, etc. of Designation of Tourist Destinations)   print
(1) If no application has been filed for the approval of a development plan under Article 54 (1) for a tourist destination already designated and publicly notified pursuant to Article 52 within two years from the date of said public notice, the designation of said tourist destination shall become invalidated on the following day after two years passed since such public notice was made. The foregoing shall also apply to cases where no application has been filed for the approval of a new development plan for a tourist destination for which the development plan has become invalidated pursuant to paragraph (2) within two years from the day on which the development plan was invalidated.
(2) If the project executor of a tourist destination for which the development plan was approved pursuant to the provisions of Article 54 (1) [including the person who executes the development project pursuant to Article 55 (3)] fails to commence the project within two years after the approval for the development plan was publicly notified pursuant to paragraph (3) of the same Article, the approval for the said development plan shall become invalid on the day following the second anniversary of the public notice of approval for the development plan.
(3) If a private developer who has obtained approval for a development plan under Article 54 (1) causes severe harm to the environment and fine view by suspension of the project, etc., the Mayor/Do Governor may revoke approval for the development plan or order him/her to take measures for improvement thereof.
(4) Notwithstanding paragraphs (1) and (2), the Mayor/Do governor may, if deemed unavoidable to extend the deadline for filing an application for approval of a development plan or commencing a project due to an inevitable reason, such as following administrative procedures, etc., extend the period on condition that such extension shall be permitted only once within the extent of one year.
(5) If designation or approval becomes invalid pursuant to paragraph (1) or (2) or if approval is revoked pursuant to paragraph (3), the Mayor/ Do Governor shall issue a public notice as to the fact without delay.
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 Article 57 (Preferential Installation of Public Facilities)   print
The State, a local government, or a project executor shall make efforts to install public facilities, such as roads, electricity, water supply and sewerage works, for the development project of a tourist destination and the operation thereof in the first place.
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 Article 57-2 (Installation of Electric Facilities in Tourist Complexes)   print
(1) Any person who supplies electricity to a tourist complex shall, where a request is made by the implementer of a tourist complex development project, install the main electric facilities and power distribution facilities for supply of electricity to a tourist complex to the road determined as urban or military planning facilities in the plan for development of a tourist complex, and the specific scope of installation shall be prescribed by Presidential Decree. <Amended by Act No. 10599, Apr. 14, 2011>
(2) Any person who supplies electricity shall bear the expenses for installation of the main electric facilities and power distribution facilities supplying electricity to a tourist complex pursuant to paragraph (1): Provided, That where the main electric facilities and power distribution facilities are installed under the ground at the request of the implementer of a tourist complex development project, enterprise moving into the tourist complex, local government, etc. any person who supplies electricity and any person who requests installation of such facilities under the ground shall bear the expenses for installation at the rate of 50/100, respectively.
[This Article Newly Inserted by Act No. 9527, Mar. 25, 2009]
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 Article 58 (Constructive Authorization, Permission, etc.)   print
(1) When approval for or approval for revision of a development plan under Article 54 (1) was obtained, or when the Governor of a Special Self-Governing Province has formulated a development plan in consultation with the relevant administrative agency under Article 54 (5), it shall be deemed that authorization, permission, etc. falling under any of the following sub-paragraphs have been granted or a report has been filed: <Amended by Act No. 8531, Jul. 19, 2007; Act Nos. 8819 & 8820, Dec. 27, 2007; Act No. 8976, Mar. 21, 2008; Act No. 9097, Jun. 5, 2008; Act No. 9527, Mar. 25, 2009; Act No. 10599, Apr. 14, 2011>
1. A decision on the urban or military management plan under Article 30 of the National Land Planning and Utilization Act (which shall be limited to a plan for designation of a district unit planning area and a district unit plan under Article 51 of the same Act, among facilities specified by Presidential Decree in the plan under subparagraph 4 (c) of Article 2 of the same Act and the plans under item (e) of the same subparagraph); approval for a topographical map under Article 32 (2) of the same Act; designation of a planned management zone in any area other than an urban area within a specific use zone under Article 36; designation of the development promotion district within a specific use area under Article 37 of the same Act; permission for development activities under Article 56 of the same Act; designation of a project executor for an urban or military planning facility under Article 86 of the same Act; or authorization for an implementation plan under Article 88 of the same Act;
2. Authorization for an ordinary water supply project under Article 17 of the Water Supply and Waterworks Installation Act or facilities installed for exclusive water supply under Article 52 of the said Act;
3. Permission for execution, etc. of a public sewerage project under Article 16 of the Sewerage Act;
4. A license for reclamation under Article 9 of the Public Waters Reclamation Act; approval for an implementation plan under Article 15 of the said Act; or an agreement or approval for reclamation executed by the State, etc. pursuant to Article 38 of the said Act;
5. Authorization for occupation and use under Article 5 of the Public Waters Management Act; or authorization for or a report on an implementation plan under Article 8 of the said Act;
6. Permission for river works, etc. or approval for an implementation plan under Article 30 of the River Act; permission for occupation and use or authorization for an implementation plan under Article 33 of the said Act;
7. Permission for execution of road works under Article 34 of the Road Act; or permission for occupation and use of a road under Article 38 of the said Act;
8. Permission for execution of harbor and port works under Article 9 (2) of the Harbor Act; or approval for an implementation plan for harbor and port works under Article 10 (2) of the said Act;
9. Permission for opening of a private road under Article 4 of the Private Road Act;
10. Permission for or a report on diversion of a mountainous district under Articles 14 and 15 of the Management of Mountainous Districts Act; or a permit for or a report on cutting of standing trees under Articles 36 (1) and (4), and 45 (1) and (2) of the Forest Resources Creation and Management Act;
11. Permission for diversion of farmland under Article 34 (1) of the Farmland Act;
12. Permission for execution of a park project or management of park facilities under Article 20 of the Natural Parks Act; or permission for activities under Article 23 of the said Act;
13. Authorization for a project under Article 20 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works;
14. Permission for diversion of grasslands under Article 23 of the Grassland Act;
15. Cancellation of designation as the land subject to erosion control under Article 20 of the Work against Land Erosion or Collapse Act;
16. Reporting on reinterment of a grave under Article 8 (3) of the Act on Funeral Services, etc. and permission for relocation of a grave under ;
17. Approval for or a report on installation of a waste treatment facility under Article 29 of the Wastes Control Act;
18. Approval for a hot spring development plan under Article 10 of the Hot Spring Act;
19. Permission for building works under Article 11 of the Building Act; a report on building works under Article 14 of the said Act; or permission for or reporting on construction of a temporary building under Article 20 of the said Act;
20. Approval for a business plan for a tourist accommodation business under Article 15 (1) or a tourist-use facility business or an international conference business under Article 15 (2): Provided, That the foregoing shall be applicable only where the person who has prepared the business plan under Article 15 and the project executor of the development project under Article 55 (1) are one and the same person; or
21. Approval for a business plan for a registered sports facility business under Article 12 of the Installation and Utilization of Sports Facilities Act: Provided, That the foregoing shall be applicable only where the person who has prepared the business plan under 15 and the project executor of the development project under Article 55 (1) are the same and one person.
(2) A person who intends to have constructive authorization, permission, etc. under paragraph (1) shall submit relevant documents provided for in the relevant Act, when he/she files an application for approval for a development plan or revisions thereto. <Newly Inserted by Act No. 8531, Jul. 19, 2007>
(3) The Mayor/Do Governor shall, when he/she intends to grant approval for a development plan or revisions thereto, consult with the heads of the relevant administrative agencies in advance, if such plan or revisions involve any matter set forth in subparagraphs of paragraph (1), and shall, upon granting approval for the development plan or revisions thereto, notify the heads of the relevant administrative agencies of the details without delay. <Newly Inserted by Act No. 8531, Jul. 19, 2007>
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 Article 58-2 (Inspection for Completion)   print
(1) When a project implementer has completed the whole or part of a tourist resort development project, it shall, without delay, undergo the inspection for the completion conducted by the Mayor/Do Governor, as prescribed by Presidential Decree. In such cases, the Mayor/Do Governor shall consult with the head of the related administrative agency in advance on the execution of the relevant inspection for the completion.
(2) Where a project implementer has undergone the inspection for the completion pursuant to paragraph (1), it shall be deemed to have undergone the inspection for the completion or have obtained approval for the completion of the relevant project in conformity with approval, permission, etc. prescribed in the subparagraphs of Article 58 (1).
[This Article Newly Inserted by Act No. 9527, Mar. 25, 2009]
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 Article 58-3 (Jurisdiction of Public Facilities, etc.)   print
(1) Where a project implementer has installed, by carrying out a development project, new public facilities or facilities replacing the existing public facilities pursuant to subparagraph 13 of Article 2 of the National Land Planning and Utilization Act, Article 65 of the same Act shall apply mutatis mutandis to their jurisdiction. In such cases, "cases where it is not an administrative agency" shall be deemed "cases where it is a project implementer".
(2) Where public facilities, etc. pursuant to paragraph (1) are registered, a written approval for the development plan and a certificate of the inspection for the completion may take the place of documents verifying the cause of registration under the Registration of Real Estate Act.
(3) When applying the National Land Planning and Utilization Act mutatis mutandis pursuant paragraph (1), from among the property the managing agency of which is unclear, the Minister for Land, Transport and Maritime Affairs shall be deemed the managing agency for roads, rivers, ditches, etc. and the Minister of Strategy and Finance shall be deemed the managing agency of the rest of the property.
[This Article Newly Inserted by Act No. 9527, Mar. 25, 2009]
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 Article 59 (Disposal of Tourist Destinations, etc.)   print
(1) Any project executor may sell or lease wholly or partially a parcel of land, a tourist facility or support facility developed, or entrust other persons with the management of such land or facility.
(2) A person who purchases or leases a parcel of land, a tourist facility, or support facility, or to whom the management of such land or facility is entrusted in accordance with paragraph (1), shall succeed to the rights and obligations to the parcel of land, tourist facility, or support facility.
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 Article 60 (Mutatis Mutandis Application of National Land Planning and Utilization Act)   print
Except as otherwise provided for in this Act, the provisions of Articles 90, 100, 130 and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the establishment and implementation of a development plan, the disposal of a tourist destination, etc. In such cases, the term "Minister of Construction and Transportation or the Mayor/ Do Governor" shall be construed as "Mayor/Do Governor", the term "implementation plan" "development plan", the term "authorization" "approval", the term "implementation district of the urban or military planning facility project" "tourist destination", the term "executor of an urban or military planning facility project" "project executor," the term "urban or military planning facility project" "development project", the term "Minister of Land, Transport and Maritime Affairs" "Minister of Culture, Sports and Tourism", and the term "metropolitan city plan or urban or military planning" "development plan" respectively. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10599, Apr. 14, 2011>
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 Article 61 (Expropriation and Use)   print
(1) A project executor may expropriate or use such land, articles or rights specified in the following subparagraphs, which are necessary for executing a development project under Article 55: Provided, That a project executor who desires to expropriate or use any agricultural water right or facility for farmland improvement shall obtain prior approval from the Minister for Food, Agriculture, Forestry and Fisheries: <Amended by Act No. 8852, Feb. 29, 2008>
1. Rights to land, except ownership;
2. Rights to standing trees, buildings or other fixtures on land, except ownership;
3. Rights related to the use of water; and
4. Earth and rocks or sand and gravel on land.
(2) If no agreement on the expropriation or use under paragraph (1) has been reached or it is impossible to negotiate on such agreement, a project executor may file an application for a ruling during the execution period of the development project, notwithstanding Article 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works.
(3) Except as otherwise provided for in this Act, the procedures for expropriation or use and the application for compensation and rulings under paragraph (1) shall be governed by the Act on Acquisition of and Compensation for Land, etc. for Public Works.
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 Article 62 Deleted.<by Act No. 9527, Mar. 25, 2009>   print
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 Article 63 (Advance Payment)   print
A project executor may receive an advance payment for the full or partial amount of the price for sale or use of a parcel of land or a facility developed by him/her from any person who intends to purchase it by units or to use it in accordance with Presidential Decree.
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 Article 64 (User's Contribution and Causer's Liability)   print
(1) A project executor may require users of a support facility to bear all or some of expenses incurred in constructing the support facility, as prescribed by Presidential Decree.
(2) If any project or activity has involved construction of a support facility, the relevant project executor may require the persons who shall be liable for the cost and expenses for such project or activity to bear all or some of the cost and expenses as prescribed by Presidential Decree.
(3) A project executor may require the persons who run their businesses in a tourist destination to contribute all or some of the expenses involved in maintenance, management, and repair of common facilities within the tourist destination as prescribed by Presidential Decree.
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 Article 65 (Forced Collection)   print
(1) If a person obligated to pay user's contribution, causer's liability, or expenses involved in maintenance, management and repair under Article 64 fails to perform his/her obligation, the relevant project executor may commission the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu having jurisdiction over the relevant area to collect it as prescribed by Presidential Decree. <Amended by Act No. 9097, Jun. 5, 2008>
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may, upon having been commissioned to collect an amount payable under paragraph (1), collect it in accordance with the practices of disposition of default on local taxes. In such cases, the person who commissioned the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu to collect such amount payable shall pay the Special Self-Governing Province or the Si/Gun/Gu an amount equivalent to 10/100 of the amount collected by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu. <Amended by Act No. 9097, Jun. 5, 2008>
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 Article 66 (Measures for Resettlement)   print
(1) Every project executor shall prepare and implement a plan for the resettlement of people who are in peril of losing their basis for living after conveying their land, materials, or rights as a result of execution of the relevant development project, including the details prescribed by Presidential Decree.
(2) Articles 78 (2) and (3), and 81 of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the preparation of the plan for resettlement under paragraph (1).
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 Article 67 (Collection and Spending of Admission Fees, etc.)   print
(1) Every person who has executed a development project or completed a building or any other facility in a tourist destination, etc. may collect admission fees from those who enter the tourist destination, etc. and fees for viewing or using from those who enter a tourist facility for viewing or use.
(2) The extent of facilities subject to collection of admission fees, or fees for viewing or using under paragraph (1) and the amount of such fees shall be determined by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu. <Amended by Act No. 9097, Jun. 5, 2008>
(3) Every local government that collects admission fees or fees for viewing or using under paragraph (1) shall appropriate such collection for conservation, management and development of the tourist destinations, etc.
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 Article 68 Deleted.<by Act No. 9527, Mar. 25, 2009>   print
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 Article 69 (Management of Tourist Destinations, etc.)   print
(1) Every project executor shall take measures necessary for management and operation of tourist destinations, etc.
(2) A project executor may entrust an organization of tourism business operators or similar organizations with management and operation of tourist destinations, etc., if necessary.
SECTION 2 Special Tourist Zone
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 Article 70 (Designation of Special Tourist Zones)   print
(1) Special tourist zones shall be designated by the Mayor/Do Governor at the requests of the head of a Si/Gun/Gu (excluding cases of the Special Self-Governing Province), from among areas that satisfy all the requirements in the following subparagraphs: <Amended by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9097, Jun. 5, 2008>
1. The number of foreign tourists shall reach or exceed the quota prescribed by Presidential Decree;
2. There shall be facilities for tourist information, public convenience, accommodation, etc. to meet the demands of foreign tourists, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;
3. The ratio of land that has no direct connection with tourist activities, such as woodlands, farmland, industrial area, and housing lots, shall not exceed the guideline prescribed by Presidential Decree; and
4. An area that satisfies all the requirements under subparagraphs 1 through 3 shall not be separated into several parts.
(2) The provisions of Article 52 (2) through (4) shall apply mutatis mutandis to designation, cancellation, change of area, and public notice of special tourist zones.
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 Article 71 (Plans for Promotion of Special Tourist Zones)   print
(1) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall establish and implement plans for promotion of special tourist zones in order to help attract foreign tourists to special tourist zones located in areas under his/her control. <Amended by Act No. 9097, Jun. 5, 2008>
(2) Matters necessary for the establishment and implementation of a plan for promotion of a special tourist zone, including details of such plan under paragraph (1), shall be prescribed by Presidential Decree.
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 Article 72 (Support for Special Tourist Zones)   print
(1) The State or a local government may render support necessary for promotion of a special tourist zone, including improvements of facilities for convenience in activities of foreign tourists who visit special tourist zones.
(2) The Minister of Culture, Sports and Tourism may lend money or give subsidies from the Tourism Promotion and Development Fund under the Tourism Promotion and Development Fund Act for such cultural, sports, lodging, and commercial facilities within a special tourist zone, which are deemed particularly necessary for attracting tourists in order to facilitate convenience in activities of foreign tourists who visit special tourist zones. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9527, Mar. 25, 2009>
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 Article 73 (Evaluation of Special Tourist Zones)   print
(1) The Minister of Culture, Sports and Tourism and the Mayor/Do Governor may evaluate the status of implementation of the plan for promotion of each special tourist zone under Article 71, as prescribed by Presidential Decree, and render necessary support to excellent special tourist zones which have shown good performance. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Mayor/Do Governor may take necessary measures, such as cancellation of designation of a special tourist zone, adjustment of areas, recommendation of improvements, etc., as prescribed by Presidential Decree, against a special tourist zone, if it is found as a result of the evaluation under paragraph (1) that it fails to continue satisfying the requirements for designation of a special tourist zone under Article 70 or that it has shown inadequate performance in promotion of tourism.
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 Article 74 (Exclusion from Application of other Acts)   print
The provisions of Article 43 of the Food Sanitation Act concerning restrictions on business shall not apply to any area within a special tourist zone. <Amended by Act No. 9432, Feb. 6, 2009>
CHAPTER VI SUPPLEMENTARY PROVISIONS
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 Article 75 Deleted.<Act No. 8531, Jul. 19, 2007>   print
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 Article 76 (Financial Aids)   print
(1) The Minister of Culture, Sports and Tourism may grant subsidies to local governments, organizations of tourism business operators, or tourism business operators that run any business relating to tourism as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Every local government may grant subsidies to organizations of tourism business operators or tourism business operators that run a business related to tourism within its jurisdiction as prescribed by Municipal Ordinance.
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 Article 77 (Hearings)   print
The head of each competent registration authority shall, whenever he/she intends to make a disposition under any of the following subparagraphs, hold a hearing:
1. Cancellation of the registration for a tourism business or the approval on a business plan under Article 24 (2), 31 (2) or 35 (1);
2. Cancellation of the qualification for a tourism worker under Article 40; or
3. Cancellation of the approval for a development plan under Article 56 (3).
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 Article 78 (Reporting and Inspection)   print
(1) The head of each local government shall report the matters necessary for the establishment and execution of the policy on promotion of tourism and other matters necessary for the enforcement of this Act to the Minister of Culture, Sports and Tourism under as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The head of the competent registration authority may require organizations of tourism business operators or tourism business operators to submit a report on their businesses, etc. documents as may be necessary for the establishment and implementation of policies on promotion of tourism and the enforcement of this Act.
(3) The head of the competent registration authority may assign any public official under his/her control to have access to an office, a place of business, business facility, etc. of an organization of tourism business operators or a tourism business operator to inspect such account books, documents, and other materials as may be necessary for the establishment and implementation of policies on promotion of tourism and the enforcement of this Act.
(4) Under paragraph (3), every relevant public official shall carry a form of identification showing his/her authority and present it to the relevant people.
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 Article 79 (Fees)   print
A person who falls under any of the following subparagraphs shall pay fees, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: <Amended by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9527, Mar. 25, 2009>
1. A person who files an application for registration or revised registration of a travel business, tourist accommodation business, tourist-use facility business, or an international conference business under Article 4 (1) or (4);
2. A person who files an application for permission or revised permission for a casino business under Article 5 (1) or (3);
3. A person who files an application for permission or revised permission or a report or revised report on an amusement facility business under Article 5 (2) through (4);
4. A person who files an application for designation of a tourist convenience facility business under Article 6;
5. A person who files a report on succession to a status under Article 8 (4) and (5);
6. A person who files an application for approval or revised approval for a business plan for a tourist accommodation business, tourist-use facility business, or an international conference business under Article 15 (1) and (2);
7. A person who files an application for rating of a tourist accommodation business under Article 19;
8. A person who intends to receive an inspection of casino facilities under Article 23 (2);
9. A person who intends to receive a test of casino machines under Article 25 (2);
10. A person who intends to receive an inspection of casino machines under Article 25 (3);
11. A person who intends to receive a safety inspection or an inspection confirming that a certain machine is not subject to the safety inspection under Article 33 (1);
12. A person who files an application for the examination on qualifications for a tourism worker under Article 38 (2);
13. A person who files an application for registration of a tourism worker under Article 38 (2); or
14. A person who files an application for re-issuance of a qualification certificate of tourism workers under Article 38 (4).
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 Article 80 (Delegation, Entrustment, etc. of Authority)   print
(1) The Minister of Culture, Sports and Tourism may delegate part of his/her authority under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Mayor/Do Governor may re-delegate part of the authority delegated by the Minister of Culture, Sports and Tourism under paragraph (1) to the head of a Si/Gun/Gu, after obtaining approval from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Culture, Sports and Tourism, the Mayor/Do Governor or the head of a Si/Gun/Gu may, as prescribed by Presidential Decree, delegate the whole or a part of his/her authority to conduct affairs falling under any of the following subparagraphs to the Korea Tourism Organization, the Association, tourism associations for each region and business category, and other specialized research and inspection institutes or qualification test agencies specified by Presidential Decree: <Amended by Act No. 8531, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9097, Jun. 5, 2008; Act No. 9527, Mar. 25, 2009>
1. Designation of tourist convenience facility businesses under Article 6 and cancellation of such designation under Article 35;
2. Rating of tourist accommodation businesses under Article 19 (1);
2-2. Designation of the excellent accommodation facilities and cancellation thereof pursuant to Article 19-2;
3. Inspection of casino machines under Article 25 (3);
4. Safety inspection under Article 33 (1) or an inspection to confirm that a certain machine is not subject to such safety inspection;
5. Examination on qualifications for tourism workers and registration of such workers under Article 38 (2);
6. Training of tourism workers under Article 39 (1); and
7. Deleted. <by Act No. 8531, Jul. 19, 2007>
(4) The executives and employees of the Korea Tourism Organization, the Association, tourism associations for each region and business category, specialized research and inspection institutes, or qualification test agencies that carry out affairs entrusted under paragraph (3), and those executives and employees of inspection institutions that carry out inspections and tests under Articles 23 (2) and 25 (2) shall be regarded public officials in applying Articles 129 through 132 of the Criminal Act. <Amended by Act No. 9097, Jun. 5, 2008>
CHAPTER VII PENAL PROVISIONS
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 Article 81 (Penal Provisions)   print
A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than five years or a fine not exceeding 50 million won. In such cases, the imprisonment and the fine may be imposed concurrently:
1. A person who runs a casino business without permission under Article 5 (1); or
2. A person who violates Article 28 (1) 1 or 2.
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 Article 82 (Penal Provisions)   print
A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years or a fine not exceeding 30 million won. In such cases, the imprisonment and the fine may be imposed concurrently: <Amended by Act No. 9527, Mar. 25, 2009>
1. A person who runs a travel business, a tourist accommodation business (which shall be limited to a tourist accommodation business for which a business plan has been approved pursuant to Article 15 (1)), an international conference business, or a tourist-use facility business under Article 3 (1) 3 (b) without registration under Article 4 (1);
2. A person who runs an amusement facility business without a permit under Article 5 (2); or
3. A person who has sold a facility by lots or offered membership in a facility in violation of Article 20 (1) and (2).
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 Article 83 (Penal Provisions)   print
A casino operator (including workers under the main sentence of Article 28 (1)) who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than two years or a fine not exceeding twenty million won. In such cases, the imprisonment and the fine may be imposed concurrently: <Amended by Act No. 8531, Jul. 19, 2007>
1. A person who runs such business without obtaining permission for or filing a report on a change under Article 5 (3);
2. A person who runs such business without filing a report on succession to a status, in violation of Article 8 (4);
3. A person who has another person operate any facility of a tourism business, other than ancillary facilities, in violation of Article 11;
4. A person who uses any facility without receiving an inspection under Article 23 (2) for running such business;
5. A person who uses any casino machine without receiving an inspection under Article 25 (3) or uses any casino machine that was found to be not in compliance with officially approved standards as a result of an inspection for running such business;
6. A person who destroys or removes an inspection certificate under Article 25 (4);
7. A person who violates any provision of Article 28 (1) 3 through 8;
8. A person who continues such business during a business suspension period, in violation of the disposition of business suspension under the main sentence of Article 35 (1);
9. A person who violates an order of correction under the main sentence of Article 35 (1);
10. A person who violates Article 35 (1) 19; or
11. A person who fails to file a report or a document under Article 78 (2) or has filed a false report, or who rejects, interferes with, or evades access and inspection by a relevant public official under paragraph (3) of the said Article.
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 Article 84 (Penal Provisions)   print
A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or a fine not exceeding ten million won: <Amended by Act No. 8531, Jul. 19, 2007; Act No. 9527, Mar. 25, 2009>
1. A person who runs an amusement facility business without obtaining permission for or filing a report on a change in the amusement facility business under Article 5 (3);
2. A person who runs an amusement facility business without filing a report thereon under the former sentence of Article 5 (4);
3. A person who installs any amusement facility or machine without receiving a safety inspection, in violation of Article 33;
4. A person who installs any amusement facility or machine or any part thereof, in violation of Article 34 (2);
4-2. A person who violates an order issued by the head of the competent registration agency, etc. because he/she fell under Article 35 (1) 14;
5. A person who violates an order for improvement issued by the head of the competent registration authority because it was discovered that the person fell under Article 35 (1) 20; or
6. A person who carries out a development project, in violation of Article 55 (3).
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 Article 85 (Joint Penal Provisions)   print
(1) If the representative, an agent, an employee or any other servant of a legal entity commits an offense under any provisions of Articles 81 through 84 in connection with the business of the legal entity, not only shall such an offender be punished accordingly, but the legal entity shall be punished by a fine under the relevant Article.
(2) If an agent, an employee or any other servant of a private individual commits an offense under any provisions of Articles 81 through 84 in connection with the business of the private individual, not only shall such an offender be punished accordingly, but the private individual shall be punished by a fine under the relevant Article.
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 Article 86 (Fines for Negligence)   print
(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won:
1. A person who runs a business without filing a report on succession to a status, in violation of Article 8 (4) or (5), or who violates paragraph (7) of the said Article (a casino operator under subparagraph 2 of Article 83 shall be excluded herefrom);
2. A person who violates Article 10 (2);
3. A person who has another person run any facility of a tourism business ,other than ancillary facilities, in violation of Article 11 (a casino operator under subparagraph 3 of Article 83 shall be excluded herefrom);
4. A person who fails to abide by business rules, in violation of the former sentence of Article 28 (2); or
5. Deleted. <by Act No. 9527, Mar. 25, 2009>
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the head of the competent registration authority, as prescribed by Presidential Decree.
(3) through (5) Deleted. <by Act No. 9527, Mar. 25, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 3 of Article 58 shall enter into force on September 28, 2007.
Article 2 (Transitional Measures concerning Enforcement Date)
The former subparagraph 3 of Article 55 shall remain in force until the amended provisions of subparagraph 3 of Article 58 enter into force pursuant to the proviso to Article 1 of Addenda.
Article 3 (Enforceability to Additional Dues)
The amended provisions of Article 29 (2) of the Amendment (Act No. 5654) to the Tourism Promotion Act concerning additional dues shall be leviable upon the persons who have defaulted the payment imposed and levied on or after March 22, 1999, which corresponds to the enforcement date of the said Act.
Article 4 (Special Exception to Invalidation of Designation of Tourist Destinations)
The term "date of public notice" shall be construed "enforcement date of this Act" in applying the amended provision of Article 56 (1) to the tourist destinations already designated as of the enforcement date of the Amendment (Act No. 7232) to the Tourism Promotion Act, while the term "date of public notice of approval for a development plan" shall be construed "enforcement date of this Act" in appling the amended provisions of paragraph (2) of the said Article to the tourist destinations for which a development plan has already been approved as of the enforcement date of the said Act.
Article 5 (Transitional Measures concerning Korea Tourism Association)
The Korea Tourism Association, the tourism associations for each region or business category, the amusement facility businesses, the amusement facilities and machines, the inspection certificates under the former provisions enforceable as of the enforcement date of this Act shall be deemed the Korea Tourism Association, the tourism associations for each region or business category, the amusement facility businesses, the amusement facilities and machines, the inspection certificates under this Act.
Article 6 (Transitional Measures concerning Succession to Administrative Dispositions)
The amended provisions of Article 8 (3) shall also apply to a person who has succeeded to the status of a tourism business operator after this Act enters into force from a person who became subject to the disposition of revocation, cancellation, or suspension or an order of improvement under the former provisions enforceable before this Act enters into force.
Article 7 (Transitional Measures concerning Permission for Development Projects to Any Person other than Project Executors)
If the project executor of a tourist destination, etc. as of the time the Amendment (Act No. 7232) to the Tourism Promotion Act enters into force was the Mayor/Do Governor, permission for such development project and the collection and spending of admission fees and other fees shall be governed by the former provisions, notwithstanding the amended provisions of Articles 55 (3) and 67.
Article 8 (Transitional Measures concerning Preparation and Implementation of Plans for Promotion of Special Tourist Zones)
If a special tourist zone already designated as of the time the Amendment (Act No. 7232) to the Tourism Promotion Act enters into force has an area stretching over two or more jurisdictions of Si/Gun/Gu, the preparation and implementation of the plan for promotion of such a special tourist zone shall be governed by the former provisions, notwithstanding the amended provision of Article 71 (1).
Article 9 (General Transitional Measures concerning Dispositions)
Acts performed by or against an administrative agency under the former provisions at the time this Act enters into force shall be deemed those performed by or against the administrative agency under this Act.
Article 10 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
Acts performed before this Act enters into force shall be governed by the former provisions in applying penal provisions or provisions concerning fines for negligence.
Article 11 Omitted.
Article 12 (Relations with other Acts)
A citation of the former Tourism Promotion Act or any provision thereof by any other statute at the time this Act enters into force, if any, shall be deemed to be a citation of this Act or a corresponding provision hereof in lieu of the former provisions, if any such corresponding provision exists herein.
ADDENDA<Act No. 8531, Jul. 19, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Designation of Tourist Convenience Facility Business) A person who has obtained designation as a tourist convenience facility business from the Mayor/Do Governor pursuant to the former provisions at the time this Act enters into force shall be deemed to have obtained the designation from the Mayor/Do Governor or the head of Si/Gun/Gu pursuant to the amended provisions of this Act.
(3) Omitted.
ADDENDA<Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 9005, Mar. 28, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Disqualification Provisions Applied Mutatis Mutandis to Persons who have Succeeded to Status of Casino Operator) The amended provisions of Article 8 (6) shall apply to a person who succeeds to the status of a casino operator on or after the date when this Act enters into force.
ADDENDUM<Act No. 9097, Jun 5, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9527, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Installation and Expenses of Electric Facilities in Tourist Complex)
The amended provisions of Article 57-2 shall apply beginning with the first project which obtains approval for a plan for development of a tourist complex after this Act enters into force.
Article 3 (Transitional Measures concerning Registration of Travel Business)
A travel agency which has registered with the Mayor/Do Governor pursuant to the previous provisions at the time this Act enters into force shall be deemed to have registered with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu pursuant to the amended provisions of Article 4 (1).
Article 4 (Transitional Measures concerning Tourism Business of Persons Qualified for Interpretation and Guide of Tourists)
(1) Where a travel agency intended for foreign tourists, notwithstanding the amended provisions of Article 38 (1), has difficulty in securing persons who have qualifications for interpretation and in guiding of tourists, it may let persons who have completed a course of study approved by the Minister of Culture, Sports and Tourism be engaged in interpretation and guiding of tourists for one year from the enforcement date of this Act.
(2) The Minister of Culture, Sports and Tourism shall issue a temporary certificate of qualification to persons who have completed a course of study pursuant to paragraph (1).
(3) A temporary certificate of qualification pursuant to paragraph (2) shall be effective until the day when one year has passed from the enforcement date of this Act.
Article 5 (Transitional Measures concerning Special Cases of Compensation for Land of which Transfer of Ownership Has not Been Registered)
Where a written confirmation has been issued or an application for issuance of a written confirmation has been filed pursuant to the previous provisions of Article 62 before this Act enters into force, notwithstanding the amended provisions of Article 62, the previous provisions shall apply.
Article 6 (Transitional Measures concerning Administrative Disposition)
The previous provisions shall apply to the administrative disposition against offenses before this Act enters into force.
Article 7 (Transitional Measures concerning Fines for Negligence)
The application of a fine for negligence to any act committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA<Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.