관광진흥법의 체계 및 관광사업 부문 주요 쟁점에 대한 비판적 검토

Abstract

Although the Tourism Promotion Act(the Act) has been revised quite a few times since its enactment, criticism continues that the legislative system and regulations on individual tourism businesses are too strict. The purpose of this study is to analyze the problems of the tourism promotion law system and major issues in the tourism business sector, and to draw implications for future legislative reform. This can be summarized as follows. First, the Act is overly extensive and complicated due to the excessively broad scope of regulation, unnecessary delegation regulations, and inconsistency between the law and the enforcement ordinances. As a solution, it is desirable to legislate separately from the tourism business and tourism resource development sector, and to separate the casino business. Second, there is a frequent conflict between the position of industry demanding deregulation, such as the establishment of a tourist hotel near schools and the license of the casino business, and the position of civil society insisting on the protection of public interests. Recently, the conflict between shared accommodation providers combined with O2O services and traditional accommodation providers is sharp. In response to these sensitive issues, the government deregulated the strict permit requirements under the Act by enacting a number of special laws for the casino business. In addition, according to the ICT Exceptions for test, shared accommodation for Koreans is allowed in some regions and within a certain period, so the exception to the foreign tourist city lodging business according to the Act is recognized. As a result of the deregulation under the Tourism Promotion Act in this detour, the effectiveness of related articles were undermined, and it became difficult to comprehensively understand regulatory contents in the relevant sector. In the future, in relation to the deregulation of the foreign tourist city lodging and casino business, revision work should be done to comprehensively review the Tourism Promotion Act, its subordinate statutes, and related special laws. In this process, for the adequacy and validity of the legislative content, procedural fairness that secures equal participation of various stakeholders must be ensured.