관광진흥법상 관광사업자의 권리·의무 승계의 법률관계

초록

This article reviews the Supreme Court's decision on the issue of statutory succession of rights and obligations of tourism business operators under the Tourism Promotion Act. In the case, the property of a tourism business operator was sold to a third party in a creditor's auction. In such cases, the Tourism Promotion Act stipulates that the buyer of the auction process shall inherit the rights and obligations of the former tourism business operator. Similar provisions exist in the Housing Lease Protection Act and the Sports Facilities Act, but this is the first case to differ in the legal relationship of succession provisions under the Tourism Promotion Act. In the subject case, the Supreme Court held that the succession provisions of the Tourism Promotion Act relieved the former debtor of its obligation to refund membership fees to the member by releasing it from the contractual relationship. However, despite the succession of a tourism business operator, a member(creditor) who does not want the tourism business operator to succeed to the status of a tourism business operator may be able to break free from the bindings of the membership agreement by exercising the right to object within a reasonable period of time, and in such a case, the obligation to refund membership fees to the former tourism business operator's member is not extinguished. Although the law does not provide for the exercise of this right to object, the Supreme Court has set forth jurisprudence on how and when to exercise it. The Supreme Court's approach in this case does not differ significantly from the interpretation of the successor provisions in the existing Athletic Facilities Act. The subject judgment presents the legal nature of the succession regulations under the Tourism Promotion Act and the legal relationship between the succession of rights and obligations of tourism business operators, including the exercise of the right of objection. While the target judgment is significant in that it addresses the legal principles of the succession regulations under the Tourism Promotion Act for the first time, it also implies future challenges regarding the legislative policy and legal validity of the succession regulations.

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