BUSAN METROPOLITAN CITY ORDINANCE ON CRUISE INDUSTRY PROMOTION AND SUPPORT
Ordinance No. 5294, Jan. 1, 2016
- Article 1 (Purpose)
- The purpose of this Ordinance is to contribute to revitalizing the regional economy by creating foundations for the cruise industry and strengthening its competitiveness by prescribing matters necessary for promoting and supporting the cruise industry.
- Article 2 (Definitions)
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The terms used in this Ordinance shall be defined as follows:
- 1. The term "cruise ship" means Korean-flagged cruise ships or foreign-flagged cruise ships under subparagraph 1 of Article 2 of the Cruise Industry Development and Support Act;
- 2. The term "Korean-flagged cruise ship" means a ship used for cruise passenger transportation services under subparagraph 5 of Article 3 of the Marine Transportation Act; or for combined marine passenger transportation services under subparagraph 6 of the same Article, used for at least 180 days a year for cruise transportation services;.
- 3. The term "foreign-flagged cruise ship" means a foreign ship corresponding to a Korean-flagged cruise ship, used for the relevant business by a person who has obtained approval, license, etc. for the business from a foreign country;
- 4. The term "cruise industry" means an industry that adds value to the goods and services relating to cruise ships and passengers;
- 5. The term "home port" means a port from and to which a cruise ship sails, which serves as a base at which most passengers and ship crew embark or disembark, and ship supplies, such as bunkering, foodstuffs, etc., are supplied to the ship;
- 6. The term "calling at a port" means where a cruise ship calls at a specific port for a short period for tourism, etc.;
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7. The term "cruise-related industries" means the following industries necessary for entering into and departing from a port and for navigation of a cruise ship;
- (a) Marine transportation services under subparagraph 1 of article 2 of the Marine Transportation Act;
- (b) Harbor transport business under Article 2 (2) of the Harbor Transport Business Act and harbor transport-related business under paragraph (4) of the same Article.
- Article 3 (Responsibilities)
- For promoting and developing the cruise industry, the Busan Metropolitan City shall prepare and implement comprehensive policies based upon regional characteristics.
- Article 4 (Formulation of Comprehensive Plans) (1) For systematically promoting and developing the cruise industry, the Busan Metropolitan City Mayor (hereinafter referred to as "Mayor") shall formulate a comprehensive plan to promote the cruise industry (hereinafter referred to as "comprehensive plan") every five years.
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(2) Each comprehensive plan shall contain the following matters:
- 1. Direction-setting for mid-term and long-term policy of the cruise industry;
- 2. Matters concerning analyzing status of the cruise industry and improvement thereof;
- 3. Matters concerning increasing calls by cruise ships and attracting cruise ships to adopt Busan as a home port;
- 4. Matters concerning attracting tourists aboard cruise ships;
- 5. Matters concerning securing finances for promoting the cruise industry;
- 6. Matters concerning revitalizing cruise-related industries;
- 7. Matters concerning strengthening capabilities of the cruise industry, such as training of specialists, etc.;
- 8. Other matters necessary for promoting and revitalizing the cruise industry.
- Article 5 (Formulating and Implementing Implementation Plans)
- The Mayor shall formulate and implement an annual implementation plan reflecting market trends of the cruise industry according to the comprehensive plan.
- Article 6 (Supervision, Etc.)
- The Mayor may supervise and survey support to toilets for public use in consultation with the head of Gu, etc.
- Article 6 (Establishment and Functions of Committee)
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To revitalize the cruise industry, the Mayor may establish a Busan Metropolitan City Cruise Industry Development Committee (hereinafter referred to as "Committee") that deliberates or gives advice on the following matters:
- 1. Matters concerning formulating and implementing comprehensive plans and implementation plans;
- 2. Matters concerning promoting and supporting the cruise industry;
- 3. Matters concerning examining and evaluating major projects of the cruise industry;
- 4. Other matters that the Mayor submits for discussion for revitalizing the cruise industry.
- Article 7 (Composition of Committee) (1) The Committee shall consist of up to 20 members including a chairperson and a vice chairperson; the Vice Mayor of Economic Affairs shall be the chairperson, and a person selected by the Committee from among its members shall be the vice chairperson.
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(2) The director general of the maritime and fishery bureau and the director-general of the culture and tourism bureau shall be ex officio members; the Mayor shall commission members from among the following persons in consideration of gender equality:
- 1. Persons recommended by the Busan Metropolitan City Council;
- 2. Persons who have abundant knowledge and experience in the cruise industry;
- 3. Specialists in the cruise industry and in cruise-related fields;
- 4. Other persons deemed able to contribute to develop the cruise industry.
- (3) Commissioned members shall have a term of office of two years, who may be re-commissioned once only: Provided, That a member filling a vacancy shall have a term of office of the remaining period of his/her predecessor.
- (4) The chairperson shall represent the Committee and take general charge of the duties of the Committee; where the chairperson is unable to perform duties in extenuating circumstances, the vice chairperson shall perform the duties of the chairperson in place of the chairperson.
- Article 8 (Meetings, etc. of Committee) (1) The chairperson shall call and chair Committee meetings.
- (2) Committee meetings shall be held with a majority of members on the register present, and resolutions shall be adopted with the concurring votes of a majority of members present.
- (3) An executive secretary shall be appointed to handle the duties of the Committee, the head of a department in charge of the cruise industry shall be the executive secretary.
- (4) Where necessary for deliberating on agendas, the chairperson may have relevant public officials or specialists attend a meeting and hear their opinion, or request relevant institutions, organizations, etc. for necessary cooperation, such as submitting data or opinions.
- (5) The commissioned members, relevant specialists, etc. who attend a meeting of the Committee may be paid allowances and reimbursed travelling expenses, within budgetary limits.
- (6) In addition to the matters prescribed by this Ordinance, matters necessary for operating the Committee shall be determined by the chairperson after a resolution is passed by the Committee.
- Article 9 (Disqualification of, Challenge to or Recusal by Members) (1) A member in any of the following circumstances shall be disqualified from deliberating on the relevant agenda item:
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- 1. Where a member or his/her current or former spouse is a party to the relevant case, or is a joint right holder or joint obligor;
- 2. Where a member is a relative of a party to the relevant case or has been a relative of a party to the relevant case;
- 3. Where a member has given advice, conducted research or provided services regarding the relevant case;
- 4. Where a member or a juristic person, organization, etc. to which a member belongs represents or has represented a party to the relevant case.
- (2) Where circumstances prohibit a party to a case from expecting fair deliberation from a member, the party may file a challenge to the member with the Committee and the Committee shall decide whether to replace the member. In such cases, the member who is challenged shall not participate in the deliberation.
- (3) Where a member falls under a ground for disqualification under the subparagraphs of paragraph (1), he/she shall voluntarily recuse himself/herself from deliberating the relevant case.
- Article 10 (Cruise Industry Revitalization Projects)
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The Mayor may promote the following projects for revitalizing the cruise industry:
- 1. Increasing port calls by cruise ships and inviting cruise ships to make Busan their home port;
- 2. Support for attracting cruise ship passengers;
- 3. Inspection and research regarding the cruise industry;
- 4. Training specialists in the cruise industry;
- 5. Inviting and promoting international events and organizations relating to the cruise industry;
- 6. Projects necessary for revitalizing cruise-related industries, such as articles for ships; ship management and repair; bunkering; amusement, foodstuffs, lodging, transportation, etc.;
- 7. Other projects deemed by the Mayor necessary for revitalizing the cruise industry.
- Article 11 (Financial Support) (1) The Mayor may subsidize expenses, in whole or in part, to relevant institutions, juristic persons, organizations, etc. that promote projects to revitalize the cruise industry under Article 7, within budgetary limits.
- (2) The Busan Metropolitan City Ordinance on Management of Local Subsidies shall apply to the procedures for supporting expenses under paragraph (1), methods, conditions, etc.
- Article 12 (Entrustment of Duties) (1) The Mayor may entrust the institutions, juristic persons, organizations, etc. relating to the cruise industry with the projects under Article 7 for the revitalization of the cruise industry.
- (2) In entrusting duties pursuant to paragraph (1), the Busan Metropolitan City Framework Ordinance on Private Entrustment shall apply to matters not expressly prescribed by this Ordinance.
ADDENDA
- Article 1 (Enforcement Date)
- This Ordinance shall enter into force one month after the date of its promulgation.
- Article 2 (Duration of Committee)
- The Committee shall remain in existence until December 31, 2020.
