제주특별자치도 관광법제 개편방안에 관한 연구

Abstract

In Korea's tourism industry, the tourism industry ecosystem, tourism trends, and tourism environment are rapidly changing due to the 4th industrial revolution, the development of ICT technology, the increase of FIT, COVID-19 Pandemic. In particular, in order to foster and promote the tourism industry in Jeju Special Self-Governing Province, 『the Jeju Special Self-Governing Province Tourism Promotion Ordinance』 was enacted in accordance with the authority transfer of the three tourism laws granted following the improvement of 『the Jeju Special Self-Governing Province Special Act』. However, 『the Jeju Special Self-Governing Province Tourism Promotion Ordinance』 is similar in content to the composition system of 『the Tourism Promotion Act』. Therefore, 『the Jeju Special Self-Governing Province Tourism Promotion Ordinance』 is causing problems such as 『the Tourism Promotion Act』, that is, low responsiveness to the rapid tourism environment and the enlargement of norms.

Therefore, the purpose of this study was to propose a plan to reform the Tourism Law System of Jeju Special Self-Governing Province in order to preemptively respond to the changing tourism environment and revitalize the local economy through the promotion of the tourism industry in Jeju Special Self-Governing Province. In particular, through research focusing on the travel industry, it was intended to present the possibility of reforming of the Tourism Law System of Jeju Special Self-Governing Province.

Through previous studies, the concept of tourism legislation, such as the concept of tourism rights as the rights of the people under 『the Constitution』, the significance and characteristics of tourism Act, was defined. The current status, composition system, and reasons for enactment and revision of 『the Jeju Special Self-Governing Province Tourism Promotion Ordinance』 were explained. The problems of 『the Jeju Special Self-Governing Province Tourism Promotion Ordinance』were analyzed and implications were presented.

In order to present a plan to reform the Tourism Law System of Jeju Special Self-Governing Province, the necessity and direction of reorganization of the Jeju Tourism Law System were to be obtained. In addition, it was intended to obtain the objectivity and effectiveness of the reform of the Tourism Law System of Jeju Special Self-Governing Province. First of all, in order to obtain the basis for the necessity of reforming of the Tourism Law System of Jeju Special Self-Governing Province, newspaper articles in Jeju Special Self-Governing Province were analyzed using BigKinds, a big data analysis tool. And keywords derived through big data analysis were classified in order of frequency. In addition, in order to obtain the objectivity of the reform of the Tourism Law System of Jeju Special Self-Governing Province, a survey and analysis of experts and stakeholders on the necessity, problems and directions of the reform were conducted. In order to obtain the validity and objectivity of the purpose of this study, the survey of experts and stakeholders in the tourism field was divided into tourism administration, research institutes, tourism academia, public institutions, travel and tourism industry.

In order to obtain the effectiveness of the reform of the Tourism Law System of Jeju Special Self-Governing Province, the regulations related to the travel industry in 『the Tourism Promotion Act』 and 『the Jeju Special Self-Governing Province Tourism Promotion Ordinance』 were investigated. In particular, some local governments have enacted and operated ordinances related to smart tourism, marine tourism, and ecotourism by reflecting tourism trends. In addition, cases of Japan and China were investigated in relation to the travel industry among overseas tourism legislation. Japan and China emphasized the protection of travelers' rights and interests.

Finally, according to ‘the 2021 Jeju Regional Industry Promotion Plan’, ‘the smart tourism industry’ is defined as one of the three major industries that Jeju Special Self-Governing Province wants to foster due to changes in the tourism industry environment. Therefore, Jeju Special Self-Governing Province needs to systematically reorganize laws and systems that should strategically promote and foster the tourism industry.

Through this study, a reform plan based on 『the Jeju Special Self-Governing Province Tourism Industry Promotion Basic Ordinance』 was proposed to foster and promote the tourism industry, preemptive response to environmental changes, create a sustainable tourism ecosystem, and revitalize the local economy.

The main theoretical implications of this study were not empirical research or legal hermeneutic research methods in the field of tourism law, but inductive methods. This is what differentiates it from previous studies. In addition, an exploratory method was used to investigate and analyze the composition system and contents of domestic and foreign legal cases.

As a major practical implication, the reform plan of the Tourism Law System of Jeju Special Self-Governing Province should be able to be implemented. And it was suggested that Jeju Special Self-Governing Province should be able to sufficiently exercise the authority transfer of the three tourism laws granted. In addition, it was suggested that Jeju Special Self-Governing Province should be able to lead the tourism legislation by becoming a test bed for tourism legislation that can flexibly and preemptively respond to changes in the tourism environment.