일본 여행업법과 우리나라 여행업법안에 대한 고찰

Korean travel agency business has been continuously expanded to play a role of new growth engine for future business. Applicable law to this travel agency in Korea is the Tourism Promotion Act. Recently, a legislative bill for the divisional legislation of travel agency in the Tourism Promotion Act was proposed to the National Assembly. This travel agency bill contains some newly enacted provisions on the frame of travel agency-related provisions. Then, in Japan where the travel agency law as the independent individual law relating to the travel agency has been enforced, such travel agency has been operated on the center of self-controlled regulatory schemes through the reinforcement of the travel agency association’s function. In Korea, it is important to regulate legally the travel agency but it is more reasonable to establish the economic order through both the development of the tavel agency and the mutual self-regulation of travel agencies. Also, it is necessary in the establishment of travel agency law to plan out methods in which the easiness of information access for the protection of consumers is stressed and various legal background for the development of travel agency is based. Further, it is necessary in the legislative view to devise the conciseness of legislative system and the definiteness of provisions for the purpose of the promotion of relevant subject’s comprehensiveness and the easiness of legal interpretation. However, because the travel agency law has the administrative view about the travel agency, it is necessary to take much care of its legislation so as not to put any travel agent on the unreasonable position. Further, the travel agency law shall make the travel agency developed actually and the effective relationship between a travel agent and consumers established.