Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Cruise Industry Development and Support Act and matters necessary for the enforcement thereof.
Article 2(Korean-flagged cruise ships) #
(1) "Ship prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Cruise Industry Development and Support Act (hereinafter referred to as the "Act") means a ship used for at least 180 days per year for cruise passenger transportation services specified in subparagraph 5 of Article 3 of the Marine Transportation Act.
(2) "Person prescribed by Presidential Decree" in subparagraph 7 of Article 2 of the Act means a business entity that operates a Korean-flagged cruise ship.
Article 3(Master plans for development of cruise industry) #
(1) The Minister of Oceans and Fisheries shall seek opinions from relevant institutions, industries, academia, and relevant experts before formulating and finalizing a master plan for the development of the cruise industry under Article 5 (1) of the Act (hereinafter referred to as "master plan").
(2) Upon finalizing a master plan, the Minister of Oceans and Fisheries shall give public notice of the details of the plan in the Official Gazette.
(3) "Minor matters prescribed by Presidential Decree" in the proviso of Article 5 (3) of the Act means any of the matters specified in Article 5 (2) 2 and 8 through 10 of the Act.
Article 4(Requirements for casino business license) #
“ Requirements prescribed by Presidential Decree, such as the credit standing of the international cruise ship operator” in Article 11 (1) 2 of the Act means the following requirements:
1. The corporate bond rating or corporate credit rating shall be at least investment grade, issued by a person who has obtained authorization for credit rating business under Article 335-3 of the Financial Investment Services and Capital Markets Act or by an internationally recognized foreign credit rating agency;
2. The business plan under Article 5 (1) 4 shall be feasible and must not violate the relevant statutes and regulations;
3. The relevant operator shall have the financial capacity necessary to implement the business plan specified in the written business plan under Article 5 (1) 4;
4. An internal control plan for business transactions, including the management of cash and chips, shall be established.
Article 5(Application for casino business license) #
(1) An international cruise ship operator that intends to obtain a casino business license under Article 11 (2) of the Act shall submit an application for a casino business license in the Form to the Minister of Culture, Sports and Tourism, along with the following documents:
1. For an applicant who is a Korean national (in cases of a corporation, its representative and executive officers), a document stating the name and resident registration number of the applicant;
2. For an applicant who is a foreign national (in cases of a corporation, its representative and executive officers), any of the following documents proving that the person does not fall under the categories specified in the subparagraphs of Article 7 (1) and those of Article 22 (1) of the Tourism Promotion Act; provided, a person who has filed for business registration under authorization or permission, etc. in accordance with the Tourism Promotion Act or other statutes or regulations and is conducting the relevant business or operations (in cases of a corporation, limited to where no change in representative or executive officers has occurred from the time of paying corporate tax within the last year until the time of license application) need not submit the following documents, if the person submits documents proving that such authorization or permission, etc. has been obtained, such as the authorization certificate or permit of the relevant business or operations and documents evidencing payment of income tax (or corporate tax in cases of a corporation) within the last year, limited to the grounds for disqualification under Article 7 (1) and Article 22 (1) of the Tourism Promotion Act that overlap with the provisions of the grounds for disqualification for the business or operations that the person is conducting:
a. A document issued by the government or other competent authorities of the relevant country, or a statement of the applicant notarized by a notary public and confirmed by a consulate of the diplomatic missions of the Republic of Korea stationed in the relevant country, in accordance with the Act on Notarial Acts Done at Diplomatic Missions Abroad;
b. In cases of a country that is a party to the Convention Abolishing the Requirement of Legalization for Foreign Public Document, a document issued by the government or other competent authorities of the relevant country or a statement of the applicant notarized by a notary public, with an Apostille certificate issued by the competent authority designated by that country;
3. Articles of incorporation (applicable only to corporations);
Article 6(Restrictions on casino operations) #
No international cruise ship operator that has obtained a casino business license under Article 11 (1) of the Act (including any person entrusted with casino business under the proviso of Article 11 (5) of the Act) shall operate a casino within the territorial sea of the Republic of Korea under Article 1 of the Territorial Sea and Contiguous Zone Act.
Article 7(Requirements for casino facilities) #
The requirements for casino facilities on an international cruise ship under Article 11 (3) of the Act shall be as follows:
1. A dedicated gaming area shall be provided;
2. At least one foreign exchange counter shall be installed;
3. Casino gaming equipment and facilities capable of providing at least 4 types of casino games, among the types of casino games prescribed by Decree of the Ministry of Culture, Sports and Tourism under Article 26 (1) of the Tourism Promotion Act shall be installed;
4. Casino information systems that meet the standards prescribed and publicly notified by the Minister of Culture, Sports and Tourism shall be installed.
Article 8(Maximum floor area of casino facilities and amenities) #
The floor area of casino facilities and amenities on an international cruise ship under Article 11 (3) of the Act shall be calculated by multiplying 0.43 square meters, the maximum allowable casino area per passenger, by the passenger capacity of the cruise ship; provided, the calculated casino area shall not exceed the area classified as follows:
1. An international cruise ship with a gross tonnage of less than 100,000 tons: 1,300 square meters;
2. An international cruise ship with a gross tonnage of at least 100,000 tons: 2,600 square meters.
Article 9(Floor area of casino facilities and amenities eligible for entrustment of casino business to others) #
"Floor area of facilities and amenities prescribed by Presidential Decree" in the proviso of Article 11 (5) of the Act means 1,300 square meters for the area of the dedicated business place of a casino.
Article 10(Designation of cruise industry professional training institutions) #
(1) The requirements for designation as cruise industry professional training institutions under Article 13 (2) of the Act shall be as follows:
1. A plan for curricula and educational content necessary for training professionals in the cruise industry shall be duly established;
2. Educational facilities and teaching staff necessary to operate the curricula under subparagraph 1 shall be provided;
3. Other educational facilities and personnel determined and publicly notified by the Minister of Oceans and Fisheries shall be provided.
(2) The Minister of Oceans and Fisheries may subsidize a cruise industry professional training institution under Article 13 (3) of the Act for the following expenses:
1. Instructor fees and allowances;
2. Costs for producing educational materials and purchasing training equipment;
3. Expenses deemed necessary for onboard training on cruise ships and other education and training.
(3) The criteria for the revocation of designation or the suspension of business operations of cruise industry professional training institutions under Article 13 (4) of the Act shall be as specified in Appendix 1. <Added on May 29, 2017>
Article 11(Application for establishment of association) #
(1) A person who intends to establish a Korea Cruise Industry Association (hereinafter referred to as the "Association") under Article 15 (1) of the Act shall submit the following documents to the Minister of Oceans and Fisheries to obtain authorization for establishment:
1. Articles of incorporation;
2. List and resumes of the founding members;
3. List of members;
4. Business plan and budget income and expenditure statement;
5. Minutes of the inaugural general meeting.
(2) The articles of incorporation of the Association shall include the following:
1. Objectives;
2. Name;
3. Location of the principal office;
4. Matters regarding its business and the execution thereof;
5. Matters regarding membership admission and withdrawal;
6. Matters regarding the maximum number, term of office, and methods of election of, executive officers;
7. Matters regarding general meetings and the board of directors;
8. Matters regarding the organization and management;
9. Matters regarding assets and accounting;
10. Matters regarding the modification of the articles of incorporation;
11. Other matters deemed necessary for the operation of the Association.
Article 12(Delegation of authority) #
The Minister of Oceans and Fisheries shall delegate the authority for reporting, inspection, etc. under Article 17 (1) of the Act to the administrators of regional offices of oceans and fisheries in accordance with Article 18 (1) of the Act.
Article 13(Management of personally identifiable information) #
The Minister of Culture, Sports and Tourism may manage data containing resident registration numbers or foreign registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is unavoidable to perform business affairs regarding casino business licenses under Article 5.
Article 14(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 20 (1) of the Act shall be as specified in Appendix 2. <Amended on May 29, 2017>