Government legislation ministry rules theme park non-target checks are not safety inspections

The Ministry of Government Legislation said Thursday that a non-target confirmation check for theme park facilities does not constitute a safety inspection under the Tourism Promotion Act. Operators who fail to undergo this verification face administrative suspensions rather than criminal fines of up to 10 million won.

Issuing the interpretation in response to a public inquiry on June 4, officials concluded that the law distinguishes between facilities requiring full safety inspections and those needing only confirmation of exemption. The ministry cited the principle of strict construction in criminal law, stating that extending penalties to include the confirmation check would amount to an impermissible expansion of the statute without explicit textual basis.

While the confirmation check falls outside the scope of Article 84, which mandates prison terms or fines for missing safety inspections, the ruling affirms that separate enforcement measures remain in force. Under Article 35, local authorities can order partial or full business suspensions for up to six months for operators who install facilities without completing the required non-target confirmation.

The Ministry of Government Legislation, which performs authoritative government interpretations of statutes, noted that its opinion serves as the final conclusion within the executive branch. The decision addresses Inquiry No. 26-0297, resolving whether the distinct testing regimes established in the Tourism Promotion Act and its enforcement decrees carry identical legal weight regarding penal liability.