오버투어리즘 문제의 해결을 위한 법정책의 방향

Abstract

Overtourism refers to "Excessive tourism" that is visited by a large number of tourists beyond the capacity of acceptance of infrastructure and tourism resources in a specific tourist area. This study examined the direction of overtourism legal policy, including countermeasures against the problem of overtourism in tourist destinations, so-called social and cultural invasion, environmental pollution and damage, and adverse economic impacts. In December 2019, Korea prepared legislation to respond to the problem of overtourism through the revision of Article 48-3 (Sustainable Tourism Activation) of the 「Partial Amendment to the Tourism Promotion Act」. Therefore, this study first dealt with the legislative background and purpose of this law, an overtourism legislation. In other words, we looked at the legislative background of this law and the meaning, causes, and current status of overtourism. The purpose of the legislation is to deal with the occurrence of disputes due to disorderly tourism, such as traffic, road, and street congestion in tourist destinations, invasion of privacy, noise, and residential disturbance. And it was described that it was designed to solve economic problems that local residents suffer from involuntary migration due to inflation and soaring rent and commercial rent, and to realize policies to respond to negative phenomena such as threats to the natural environment and damage and destruction of cultural heritage. Next, the composition and content of Article 48-3 of "the Tourism Promotion Act "includes the insertion of overtourism in the concept of ‘sustainable tourism’ in Article 1 and the designation of special management areas related to overtourism in Articles 2 to 5. Paragraphs 6 and 7 refer to necessary measures that can be taken in special management restricted areas and impose fines for violations of ordinances, Paragraph 8 provides for the installation of information boards, and Paragraph 9 provides for the management and support of the central government. Regarding this, Article 10 analyzed the provisions on the basis of legislative delegation for the enactment of ordinances. Lastly, policies for responding to the overtourism problem were reviewed. Accordingly, we looked at the limitations of tourism capacity, which are the causes of the overtourism problem, the perception of local residents and the limits of the allowable number of tourists, and the diagnosis and management of overtourism in relation to the designation of special management areas. In addition, we reviewed the legal validity and appropriateness of specific response measures to the overtourism problem in Korea and around the world. Finally, the policy on countermeasures against the overtourism problem was reviewed. Accordingly, the diagnosis and management of overtourism in relation to the limitation of tourism acceptable capacity, which is the cause of the overtourism problem, the limit of the number of local residents' perceptions and allowable numbers, and the designation of special management areas were examined. In addition, the legal validity and appropriateness of specific countermeasures against the overtourism problem in Korea and around the world were reviewed.