Article 1(Purpose) #
The purpose of this Act is to establish a tourism promotion and development fund to efficiently develop the tourism industry and contribute to the increase of foreign exchange earnings through tourism.
[This Article Wholly Amended on Dec. 21, 2007]
Article 2(Establishment and financial resources of fund) #
(1) The Government shall establish the Tourism Promotion and Development Fund (hereinafter referred to as the "Fund") in order to secure funds necessary for achieving the purpose of this Act.
(2) The Fund shall be created with the financial resources in each of the following subparagraphs: <Amended on Nov. 28, 2017>
1. Government contributions;
2. Charge referred to in Article 30 of the Tourism Promotion Act;
3. International departure fee under paragraph (3);
4. 50/100 of the license fees of a bonded store prescribed in Article 176-2 (4) of the Customs Act;
5. Profits generated by the operation of the Fund and other financial resources.
(3) Any person prescribed by Presidential Decree, who leaves Korea through a Korean airport or harbor shall contribute to the Fund an amount of money prescribed by Presidential Decree within the scope of 10,000 won.
(4) If any person who is imposed with payments referred to in paragraph (3) has an objection to the imposed payment, he or she may raise an objection to the Minister of Culture, Sports and Tourism within 60 days after the imposition of payments. <Added on Apr. 5, 2011>
(5) When the Minister of Culture, Sports and Tourism receives an objection in accordance with paragraph (4), he or she shall examine the said objection within 15 days after receiving it, and inform the person who raised the objection of its results in writing. <Added on Apr. 5, 2011>
(6) Matters necessary for the procedures for the imposition and collection of the payments referred to in paragraph (3), etc. shall be prescribed by Presidential Decree. <Amended on Apr. 5, 2011>
(7) Except as otherwise provided for in paragraphs (4) and (5), Article 36 of the Framework Act on Administration (excluding the proviso to paragraph (2) of that Article) shall apply to matters concerning filing objections. <Added on May 16, 2023>
[This Article Wholly Amended on Dec. 21, 2007]
Article 3(Management of fund) #
(1) The Fund shall be managed by the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008>
(2) For the efficient execution, evaluation and settlement of the fund, management of surplus money, etc., the Minister of Culture, Sports and Tourism shall hire not more than 10 civil experts. In this case, the expenses therefor may be spent from the Fund. <Amended on Feb. 29, 2008>
(3) Matters necessary for the employment and operation of the civil experts referred to in paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 4(Fiscal year of fund) #
The fiscal year of the Fund shall comply with that of the Government.
Article 5(Usage of fund) #
(1) The Fund may be lent for uses falling under any of the following subparagraphs:
1. Construction or repairing of various kinds of tourism facilities, including hotels;
2. Securing or repairing of transport means for tourism;
3. Construction or repairing of infrastructure for the development of the tourism industry;
4. Construction or repairing of tourists convenience facilities in tourist attractions, tourism complexes and special tourist zones.
(2) The Minister of Culture, Sports and Tourism may contribute to or subsidize corporations conducting investigations and research on tourism policies for the creation of basic property, investigation and research projects, and other operational expenses from the Fund. <Amended on Feb. 29, 2008; Jun. 15, 2021>
(3) The Fund may provide loans or subsidies for any of the following programs: <Amended on Mar. 5, 2009, Aug. 10, 2021, Apr. 8, 2025>
1. Programs for the education of overseas travelers for a sound sightseeing and programs for the provision of tourist information;
2. Programs for the improvement of domestic and overseas tourist information systems and programs for public relations on tourism;
3. Education and training programs for workers and related persons in the tourism industry;
4. National tourism promotion programs and foreign tourists attraction supporting programs;
5. Developing and supporting tour products;
6. Installation of public convenience facilities in tourist attractions, tourism complexes and special tourism zones;
7. Attracting and holding international conferences;
8. Programs for creating a barrier-free tourism environment under subparagraph 13 of Article 2 of the Tourism Promotion Act, including the installation of transportation and convenience facilities for persons with disabilities and other vulnerable groups in tourism;
9. Programs for developing and supporting traditional tourism resources;
9-2. Support programs to overcome a serious crisis in business management caused to tourism business operators (referring to tourism business operators defined in subparagraph 2 of Article 2 of the Tourism Promotion Act) due to the spread, etc. of infectious diseases;
Article 6(Establishment of Fund Operation Committee) #
(1) The Fund Operation Committee (hereinafter referred to as the "Committee") shall be established under the control of the Minister of Culture, Sports and Tourism to deliberate on comprehensive matters on the operation of the Fund. <Amended on Feb. 29, 2008>
(2) Matters necessary for the organization and operation of the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 7(Establishment of fund operation plan proposal) #
(1) The Minister of Culture, Sports and Tourism shall establish a fund operation plan proposal in accordance with the National Finance Act each year. The same shall apply where the fund operation plan is altered. <Amended on Feb. 29, 2008>
(2) The establishment of the fund operation plan proposal or any change to the fund operation plan which is referred to in paragraph (1) shall undergo the deliberation of the Committee.
[This Article Wholly Amended on Dec. 21, 2007]
Article 8(Revenue and expenditure of fund) #
(1) The revenue of the Fund shall be the financial resources referred to in each subparagraph of Article 2 (2).
(2) The expenditure of the Fund shall be the expenditure for the uses of the Fund referred to in Article 5 and expenses incidental to the operation of the fund. <Amended on Aug. 8, 2023>
[This Article Wholly Amended on Dec. 21, 2007]
Article 9(Accounting institution of fund) #
The Minister of Culture, Sports and Tourism shall appoint fund revenue collecting officials, fund financier, fund expenditure officials and accounting officials from among the public officials under his or her control to have them handle affairs concerning the revenue and expenditure of the Fund. <Amended on Feb. 29, 2008>
[This Article Wholly Amended on Dec. 21, 2007]
Article 10(Establishment of account of fund) #
The Minister of Culture, Sports and Tourism shall have a fund expenditure official open an account of the Tourism Promotion and Development Fund at the Bank of Korea. <Amended on Feb. 29, 2008>
[This Article Wholly Amended on Dec. 21, 2007]
Article 11(Prohibition of use for other purpose) #
(1) No person that is given a loan or a subsidy from the Fund shall use the loan or subsidy for purposes other than the purposes fixed at the time when the loan or subsidy is given.
(2) When a loan or a subsidy from the Fund is used for a purpose other than the original purpose of the loan or subsidy, the loan or subsidy shall be cancelled and withdrawn.
(3) If a person who requests or is given a loan from the Fund falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism shall reject the request, or cancel loans and withdraw all or part of the loan disbursed: <Added on Apr. 5, 2011>
1. In the case where the person files a loan application or is given a loan in a false or otherwise unjust manner;
2. In the case where the person is given a loan by mistake;
3. In the case where the person loses his or her qualification for a loan from the Fund due to the cancellation or invalidation of registration, permission, designation or approval for his or her project plan in accordance with the Tourism Promotion Act;
4. In the case where the person does not fulfill his or her terms and conditions of the loan;
5. In the cases as prescribed by Presidential Decree.
(4) A person falling under any of the following subparagraphs may not be given a loan or a subsidy from the Fund within five years after he or she is given a loan or a subsidy from the Fund: <Added on Apr. 5, 2011; Apr. 13, 2021>
1. Any person who uses a loan or a subsidy from the Fund for purposes other than the purposes fixed at the time when the loan or subsidy is given, as prescribed by paragraph (2);
2. Any person who is given a loan or a subsidy from the Fund by fraud or other improper means.
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Apr. 5, 2011]
Article 12(Entrustment of duty to impose and collect charge) #
(1) The Minister of Culture, Sports and Tourism may entrust the duty to impose and collect the charge referred to in Article 2 (3) to a person designated in consultation with the head of a relevant central administrative agency as prescribed by Presidential Decree. <Amended on Feb. 29, 2008>
(2) The Minister of Culture, Sports and Tourism may, when he or she entrusts the duty to impose and collect the charge pursuant to paragraph (1), subsidize the person to whom the duty to impose and collect the charge is entrusted from the Fund. <Amended on Feb. 29, 2008>
[This Article Wholly Amended on Dec. 21, 2007]
Article 13(Legal fiction of public officials in application of penalty provisions) #
Any person that is hired pursuant to Article 3 (2) shall be considered as a public official in the application of the provisions of Article 129 through 132 of the Criminal Act.
[This Article Wholly Amended on Dec. 21, 2007]