Analysis of judicial precedent tendency in the tourism business field

Abstract

Recently complaints of tourists and consumers on tourism increase rapidly. According to this, many conflicts are occurring and so law interpretation relating to tourism is increasing. However, there is no tourism law and civil code on contracts relating to tourism, only handling law relations among contracting parties by domestic travel standardized agreement and domestic and overseas travel standardized agreement and so tourism consumers cannot be protected. The research analyzed 36 cases of precedents from 1992 to now, for recent 20 years, based on 8 theme words relating to tourism. In the result, the analysis results of 36 cases could be divided into three in large: 22 cases of concept of tourism business and classification of business types, 8 cases of problems of related law interpretation, 3 cases related to taxation, 3 cases related to others, etc. Problems of tourism filed appearing through tourism precedent analysis showed two in large and the first is that tourism business defined by the Framework Act on Tourism is not clear. The second is that judgement standard of additional facilities is vague. Based on results, regarding defining types of tourism business at Tourism Promotion Act and registration, permission, or designation, etc by this, it should be defined more clearly, not entangled and have good people not charged taxes accidentally or punished.