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INSTALLATION AND UTILIZATION OF SPORTS FACILITIES ACT

Wholly Amended by Act No. 8349, Apr. 11, 2007

Amended by Act No. 8852, Feb. 29, 2008

Act No. 8974, Mar. 21, 2008

Act No. 8976, Mar. 21, 2008

Act No. 9494, Mar. 18, 2009

Act No. 9770, jun. 9, 2009

Act No. 10219, Mar. 31, 2010

Act No. 10331, May 31, 2010

Act No. 10559, Apr. 5, 2011

Act No. 11169, Jan. 17, 2012

Act No. 12248, Jan. 14, 2014

Act No. 13128, Feb. 3, 2015

Act No. 13976, Feb. 3, 2016

Act No. 14476, Dec. 27, 2016

Act No. 14532, Jan. 17, 2017

Act No. 14635, Mar. 21, 2017

Act No. 15767, Sep. 18, 2018

Act No. 15825, Oct. 16, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to improving the people's health and helping them make good use of their leisure hours by encouraging the installation and utilization of sports facilities and ensuring sound development of the sports facility business.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 15767, Sep. 18, 2018>
1. The term "sports facilities" means a facility constantly used for sports activities (including a facility in which a person experiences as if he/she plays a real sports game in a virtual sports game environment using the information processing technology or mechanical equipment: Provided, That game products defined in subparagraph 1 of Article 2 of the Game Industry Promotion Act shall be excluded) and a subsidiary facility;
2. The term "sports facility business" means the business of installing and managing a sports facility for profit-making purposes;
3. The term "sports facility business entity" means a person who files registration for a sports facility business under Article 19 (1) and (2) or files a report thereon under Article 20;
4. The term "member" means a person who agrees with a sports facility business entity (including any other person who obtains approval of a business plan under Article 12) on the member's more preferential use of relevant sports facilities on favorable terms than a general user's use of such sports facilities;
5. The term "general user" means a person who agrees with a sports facility business entity on the member's use of relevant sports facilities for a fixed period of not longer than one year in return for the member's payment of use charges.
 Article 3 (Kinds of Sports Facilities)
The kinds of sports facilities shall be prescribed by Presidential Decree according to sports events and the types of facilities.
 Article 4 (Obligations of State, Local Governments, Etc.)
(1) The State and each local government shall take policy steps and provide necessary guidances and assistances in order to appropriately install and operate sports facilities used for the people's sports activities and to foster sports facility business. <Amended by Act No. 13128, Feb. 3, 2015>
(2) The State and each local government shall provide an institutional strategy necessary for safe use of sports facilities and endeavor to secure finances necessary therefor. <Newly Inserted by Act No. 13128, Feb. 3, 2015>
(3) Any person who installs and operates sports facilities and person who operates and manages entrusted sports facilities shall maintain and manage the relevant sports facilities to continuously maintain the function and safety thereof. <Newly Inserted by Act No. 13128, Feb. 3, 2015>
 Article 4-2 (Establishment of Master Plan, etc. concerning Safety Management of Sports Facilities)
(1) The Minister of Culture, Sports and Tourism shall formulate and implement a master plan for safety management of sports facilities (hereinafter referred to as “master plan”) every five years for safe use and systematic management of sports facilities (limited to public sports facilities and sports facilities requiring registration or report; hereinafter to Article 4-6 the same shall apply).
(2) The master plan shall include the following matters:
1. Policies for medium- and long-term safety management of sports facilities;
2. Improvement of system and business for safety management of sports facilities;
3. Education, publicity, and safety inspection to prevent accidents relevant to sports facilities;
4. Establishment and management of computer systems related to safety management of sports facilities;
5. Other matters prescribed by Presidential Decree.
(3) The Minister of Culture, Sports and Tourism shall establish and implement a safety management plan (hereinafter referred to as “management plan”) every year according to the master plan.
(4) When it is necessary for the formulation, modification, or implementation of the master plan and management plan, the Minister of Culture, Sports and Tourism may request the heads of relevant central administrative agencies, the Mayor of the Special Metropolitan City, the Mayors of the Metropolitan Cities, the Mayor of the Special Self-Governing City, Governors of the Dos, or the Governor of the Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") or the heads of public institutions designated under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “public institutions”) of the submission of the relevant data or cooperation. In such cases, any person in receipt of such request shall comply therewith in the absence of special circumstances.
(5) When the Minister of Culture, Sports and Tourism formulates or modifies the master plan and management plan, he/she shall notify it to the heads of the relevant central administrative agencies, Mayors/Do Governors, and the heads of public institutions (limited to the public institutions conducting affairs concerning safety of sports facilities) and publicly announce it through its websites, etc.
[This Article Newly Inserted by Act No. 13128, Feb. 3, 2015]
 Article 4-3 (Delegation and Entrustment of Safety Management Inspection, etc. of Sports Facilities)
The Minister of Culture, Sports and Tourism may delegate or entrust the following affairs to the disaster management agencies defined under the Framework Act on the Management of Disasters and Safety to conduct affairs in accordance with the master plan and management plan formulated for safety management of sports facilities:
1. Education and publicity activities to prevent accidents relevant to sports facilities;
2. Safety inspection relevant to safety management of sports facilities;
3. Establishment and management of a computer system relevant to safety management of sports facilities;
4. Any other matter prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13128, Feb. 3, 2015]
 Article 4-4 (Implementation of Safety Inspection Results)
(1) The Minister of Culture, Sports and Tourism shall disclose the results of the safety inspection of sports facilities conducted under subparagraph 2 of Article 4-3 and notify, without delay, such results to an owner of sports facilities (including a person who operates and manages entrusted sports facilities; hereinafter the same shall apply), a sports facility business entity, the Mayor/Do Governor, and the head of a Si/Gun/Gu (the head of a Gu shall be limited to the head of an autonomous Gu; hereinafter the same shall apply). <Amended by Act No. 15825, Oct. 16, 2018>
(2) The owner of sports facilities and sports facility business entity notified of the results of safety inspection pursuant to paragraph (1) shall take necessary measures, such as reparation and reinforcement of facilities, where there is any serious defect prescribed by Presidential Decree.
(3) When the owner of sports facilities and sports facility business entity fail to take necessary measures, such as reparation and reinforcement of facilities, required under paragraph (2), the Minister of Culture, Sports and Tourism and the head of the relevant local government may order the implementation and correction thereof.
(4) Matters necessary for the scope, methods, etc. of disclosure of the results of the safety inspection under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15825, Oct. 16, 2018>
[This Article Newly Inserted by Act No. 13128, Feb. 3, 2015]
 Article 4-5 (Operation of Comprehensive System for Management of Sports Facilities Information)
The agency to which the Minister of Culture, Sports and Tourism has entrusted or delegated the business pursuant to Article 4-3, shall manage and operate the following information through a comprehensive system for management of sports facilities information for safety management of sports facilities:
1. The master plan and management plan regarding safety management of sports facilities pursuant to Article 4-2;
2. The results of safety inspection of sports facilities pursuant to Article 4-3;
3. Notification and implementation of the results of safety inspection of sports facilities pursuant to Article 4-4, and the results thereof;
4. Other matters relevant to the safety, maintenance, and management of sports facilities and matters deemed necessary to be managed as information of sports facilities and prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Act No. 13128, Feb. 3, 2015]
 Article 4-6 (Reward for Safety Management of Sports Facilities)
The Minister of Culture, Sports and Tourism may select an owner of sports facilities and sports facility business entity, the safety management of which is excellent, based on the results of safety inspection of the sports facilities pursuant to Article 4-3 and reward him/her as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted by Act No. 13128, Feb. 3, 2015]
CHAPTER II PUBLIC SPORTS FACILITIES
 Article 5 (Specialized Sports Facilities)
(1) The State and every local government shall install and operate sports facilities, including playgrounds; and gymnasiums necessary to host domestic and international sporting events and to train athletes, etc., as prescribed by Presidential Decree.
(2) Gymnasiums required under paragraph (1) shall be built for the purposes of sports, cultural and juvenile activities, etc.
(3) Notwithstanding the Public Property and Commodity Management Act and the provisions of other Acts, a local government may reduce all or part of fees for use of sports facilities, in order to promote the use of such facilities installed under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 11169, Jan. 17, 2012>
 Article 6 (Lifetime Sports Facilities)
(1) The State and every local government shall install and operate lifetime sports facilities which are easily accessible for residents who live in the vicinity thereof in accordance with Presidential Decree.
(2) The State and every local government that operate lifetime sports facilities under paragraph (1) shall take policy steps necessary to put in place other facilities and equipment so as to provide the disabled with an easy access to such lifetime sports facilities.
(3) Notwithstanding the Public Property and Commodity Management Act and the provisions of other Acts, a local government may reduce all or part of fees for use of sports facilities in order to promote the use of such facilities installed under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 11169, Jan. 17, 2012>
 Article 7 (Workplace Sports Facilities)
(1) The heads of workplaces shall install and operate sports facilities necessary for sports activities of the workers.
(2) The scope of workplaces under paragraph (1) and standards for installing sports facilities shall be prescribed by Presidential Decree.
 Article 8 (Opening of and Access to Sports Facilities)
(1) Sports facilities under Articles 5 and 6 shall be open in order to provide local residents with an easy access thereto within the scope of not impeding the maintenance and management of those facilities and the holding of any sports event. <Amended by Act No. 9494, Mar. 18, 2009>
(2) Necessary matters concerning the opening of and the access to sports facilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
 Article 9 (Operation of Sports Facilities on Commission)
Where it is deemed necessary to facilitate professional management and use of sports facilities that the State or a local government has installed from among sports facilities provided for in Articles 5 (1) and 6 and workplace sports facilities provided for in Article 7 (1), the government may commission the operation and management of such sports facilities to any individual or organization.
CHAPTER III SPORTS FACILITY BUSINESS
 Article 10 (Classification and Types of Sports Facility Business)
(1) Sports facility business shall be classified as follows: <Amended by Act No. 15767, Sep. 18, 2018>
1. Sports facility business requiring registration: Golf course business, skiing ground business, and car race track business;
2. Sports facility business requiring reporting: Yachting pool business, rowing course business, canoe course business, ice rink business, horseriding course business, complex sports facility business, swimming pool business, physical gymnasium business, golf practice course business, physical training hall business, billiard parlor business, sledding hall business, dance institute business, dance hall business, baseball park business, and virtual experience sports facility business.
(2) The detailed types of sports facility business listed in each subparagraph of paragraph (1) may be prescribed by Presidential Decree according to the scope by business type, the recruitment of members, the scale of facilities, the methods of operation, etc.
 Article 11 (Facility Standards, etc.)
(1) Sports facility business entities shall install, maintain, and manage their sports facilities in compliance with the facility standards set by Ordinance of the Ministry of Culture, Sports and Tourism according to the types of sports facility business. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where the Minister of Culture, Sports and Tourism deems it necessary for promoting the sound development of sports facility business pursuant to Article 10, the Minister shall restrict the installation of any facility and the size of a site area in accordance with Presidential Decree within the scope of not impeding an access to and the operation of sports facilities. <Amended by Act No. 8852, Feb. 29, 2008>
 Article 12 (Approval of Business Plan)
A person who intends to operate a sports facility business requiring registration under Article 10 (1) 1 shall prepare a business plan for each type of sports facility business in accordance with Presidential Decree prior to installation of his/her sports facilities pursuant to Article 11, and obtain approval therefor from the relevant Mayor/Do Governor. The same shall apply to cases where the person intends to modify his/her business plan (excluding any modification of minor matters in the business plan, which are prescribed by Presidential Decree). <Amended by Act No. 9494, Mar. 18, 2009; Act No. 13128, Feb. 3, 2015>
 Article 13 (Restrictions on Approval of Business Plan)
(1) Where the Mayor/Do Governor deems it necessary for public welfare, such as for efficient utilization of national land, facilitation of the balanced development of regions, prevention of disasters, conservation of the natural environment, sound development of sports facility business, the Mayor/Do Governor may restrict the approval of a business plan and modification to the business plan provided for in Article 12 in accordance with Presidential Decree.
(2) In cases of a person for whom six months have not elapsed from the date on which the approval of the person''s sports facilities business plan was revoked pursuant to Article 31, the Mayor/Do Governor shall be prohibited from granting such person the approval of a business plan for the same type as that of the sports facility business of which the approval was revoked in the same place: Provided, That where the approval of a business plan for a sports facility business engaged in recruiting members was revoked, but in the same place, the approval of a business plan for the sports facility business not engaged in recruiting members is granted, the foregoing shall not apply.
 Article 14 (Concurrent Establishment of Public Golf Courses)
The Mayor/Do Governor may have a person who operates a golf course business for which the person recruits its members establish a public golf course as an annex to the former for which he/she does not recruit its members (hereinafter referred to as "public gulf course") in accordance with Presidential Decree: Provided, That where a person who is obliged to concurrently establish a public golf course is deemed difficult to concurrently establish the public golf course for any inevitable reason, the Mayor/Do Governor may have him/her deposit the amount equivalent to the cost of opening the public gulf course (hereinafter referred to as "cost for establishing a public golf course") in accordance with Presidential Decree.
 Article 15 (Management and Use of Cost for Establishing Public Golf Courses)
(1) The cost for establishing a public gulf course shall be invested in a business jointly opening and managing the public golf course by depositors.
(2) Necessary matters concerning the investment in and management of the cost for establishing a public golf course and the establishment and operation of a public gulf course under paragraph (1) shall be prescribed by Presidential Decree.
 Article 16 (Period of Installation of Facilities for Sports Facility Business Requiring Registration)
(1) A person who obtains approval of a business plan for a sports facility business requiring registration pursuant to Article 12 (hereinafter referred to as "person who has obtained approval of a business plan") shall start the installation of sports facilities within four years from the date the approval of the business plan is obtained, and complete such installation within six years from the date the said approval is obtained: Provided, That the foregoing shall not apply where it is impossible to start or complete the installation work due to a natural disaster, pending litigation, or any other cause prescribed by Presidential Decree. <Amended by Act No. 13976, Feb. 3, 2016>
(2) Necessary matters concerning the extension of an installation period in accordance with the proviso to paragraph (1) shall be prescribed by Presidential Decree.
 Article 17 (Recruitment of Members)
(1) A sports facility business entity or a person who has obtained approval of a business plan may recruit members; if he/she intends to recruit members, he/she shall each develop a membership recruitment plan and submit it to the Mayor/Do Governor or the head of a Si/Gun/Gu on or before 15 days from the date on which he/she begins recruiting members. <Amended by Act No. 13128, Feb. 3, 2015>
(2) Where a person intending to recruit members under paragraph (1) submits a membership recruitment plan to concurrently recruit members of the facilities for tourist business prescribed by Presidential Decree, such shall be deemed the recruitment of members pursuant to this Act, notwithstanding Article 20 of the Tourism Promotion Act.
(3) Necessary matters relating to the membership categories, number of members, recruitment timing, recruitment methods, recruitment procedures, development and submission of a membership recruitment plan, etc. under paragraph (1) shall be prescribed by Presidential Decree.
 Article 18 (Protection of Members)
Where a sports facility business entity or a person obtained approval of a business plan has recruited members under Article 17 (1), he/she/it shall observe the matters prescribed by Presidential Decree for the purpose of protecting the rights and interests of members in cases of transfer and acquisition of membership; refund of a membership fee; issuance and confirmation of a membership certificate; composition and function of a representative body of such members; etc.
 Article 19 (Registration of Sports Facility Business)
(1) When a person having obtained approval of a business plan under Article 12 completes installation of sports facilities under Article 11, the person shall register the sports facility business with the Mayor/Do Governor, as prescribed by Presidential Decree before the person commences the sports facility business. The same shall apply to cases where he/she intends to modify any registered matter (excluding registered minor matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism). <Amended by Act No. 8852, Feb. 29, 2008>
(2) When a person having obtained approval of a business plan for a golf course business or a skiing ground business installs facilities the scale of which exceeds the scale prescribed by Presidential Decree from among the business facilities for which approval is granted, the Mayor/Do Governor may permit the person to have the sports facility business registered on condition that the person installs the remaining facilities during the period prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, notwithstanding paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
 Article 20 (Reporting on Sports Facility Business)
(1) A person who intends to operate a sports facility business classified pursuant to Article 10 (1) 2 shall have facilities in accordance with Article 11 and then file a report thereon with the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9494, Mar. 18, 2009; Act No. 13976, Feb. 3, 2016>
(2) When a person who has filed a report on operating a sports facility business under paragraph (1) modifies any reported matter, he/she shall report thereon to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted by Act No. 13976, Feb. 3, 2016>
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu shall notify the person who filed a report of the acceptance of the report within seven days in cases of receiving a report referred to in paragraph (1) and five days in cases of receiving a report on modification referred to in paragraph (2). <Newly Inserted by Act No. 14635, Mar. 21, 2017>
(4) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu fails to notify the person who filed a report of the acceptance of the report or the extension of handling period pursuant to related statues within the period set forth in paragraph (3), the report shall be deemed accepted one day after the said period expires. <Newly Inserted by Act No. 14635, Mar. 21, 2017>
 Article 21 (Order for Using Sports Facilities)
A golf course business entity who recruits members shall separate the management of a gulf course for which he/she recruits members from the management of a public golf course under Article 14 which is established as an annex to the former in terms of using methods, charges, etc.
 Article 22 (Matters to Be Abided by Sports Facility Business Entities)
(1) A sports facility business entity shall abide by the following matters: <Amended by Act No. 9770, Jun. 9, 2009; Act No. 13976, Feb. 3, 2016>
1. He/she shall not cause damage to the residental environment of residents in adjacent areas due to noise and vibration in excess of the levels provided for in an individual Act, such as the Noise and Vibration Control Act;
2. He/she shall not encourage or tacitly permit any gambling or speculative act in the relevant sports facilities and business place;
3. He/she shall abide by the terms of contract for use which are concluded with members and general users;
4. In either of the following cases where he/she has not agreed with a general user on the grounds for refund of use charges and the amounts of refund, he/she shall issue a refund for the charges already paid by the general user according to the refund policy prescribed by Presidential Decree:
(a) If a general user ceases to use the relevant sport facilities due to a personal reason;
(b) If the sports facility business entity ceases to operate the relevant facilities due to discontinuation, suspension, etc., of his/her business.
(2) A dance institute business entity and a dance hall business entity shall abide by the matters prescribed by Presidential Decree, including the standards for and operation of facilities, other than those prescribed in the subparagraphs of paragraph (1).
 Article 23 (Placement of Sports Instructors)
(1) A sports facility business entity shall place sports instructors in sports facilities, in excess of any of the scales specified by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Necessary matters concerning the standards for the placement of sports instructors under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
 Article 24 (Safety and Sanitary Standards)
(1) A sports facility business entity shall abide by the safety and sanitary standards set by Ordinance of the Ministry of Culture, Sports and Tourism, such as the placement of safety management staff, control on the quality of water, and keeping of protective gears available in order for members to make use of sports facilities safely and comfortably. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Anyone who uses the facilities of a sports facility business shall wear protective gears in compliance with the safety and sanitary standards referred to in paragraph (1).
(3) Where anyone who uses the facilities of a sports facility business fails to observe the obligation to wear protective gears referred to in paragraph (2), a sports facility business entity may refuse or suspend the person's use of the sports facilities.
 Article 25 Deleted. <by Act No. 10559, Apr. 5, 2011>
 Article 26 (Subscription of Insurance)
A sports facility business entity shall have his/her sports facilities insured to compensate for any damage occurred in the sports facilities or in connection with the installation and operation of the sports facilities, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That the foregoing shall not apply to small-scale sports facility business entities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
 Article 27 (Succession of Sports Facility Business, etc.)
(1) When any sports facility business entity dies or transfers his/her business or corporate sports facility business entity is merged, the successor, the person who acquires the business, the corporation surviving the merger, or the corporation incorporated by the merger shall succeed to the rights and duties upon the registration or reporting of the relevant sports facility business (including matters agreed upon between the sports facility business entity and his/her members where members are recruited under Article 17).
(2) Paragraph (1) shall apply mutatis mutandis to any person who acquires essential facilities in compliance with the facility standards for sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism according to any of the following procedures: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10219, Mar. 31, 2010; Act No. 14476, Dec. 27, 2016>
1. Auction pursuant to the Civil Execution Act;
2. Conversion pursuant to the Debtor Rehabilitation and Bankruptcy Act;
3. Sale of seized property pursuant to the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act;
4. Other procedures corresponding to subparagraphs 1 through 3.
(3) Paragraphs (1) and (2) shall apply mutatis mutandis to the succession of approval of a business plan under Article 12.
 Article 28 (Relationship to Other Statutes)
(1) Where approval of a business plan for a sports facility business requiring registration is obtained under Article 12, the following authorization, permission, revocation, reporting, etc. shall be deemed obtained or made: <Amended by Act Nos. 8974 & 8976, Mar. 21, 2008; Act No. 9494, Mar. 18, 2009; Act No. 9770, Jun. 9, 2009; Act No. 10331, May 31, 2010; Act No. 12248, Jan. 14, 2014; Act No. 13976, Feb. 3, 2016; Act No. 14532, Jan. 17, 2017; Act No. 15825, Oct. 16, 2018>
1. Permission for converting the use of farmland pursuant to Article 34 (1) of the Farmland Act;
2. Permission for or reporting on converting the use of a mountainous district pursuant to Articles 14 and 15 of the Mountainous Districts Management Act, permission for or reporting on temporarily using a mountainous district under Article 15-2 of the same Act, and permission for or reporting on cutting down trees, etc. pursuant to Article 36 (1) and (4) of the Creation and Management of Forest Resources Act: Provided, That the same shall not apply where a mountainous district located in a business plan area is preserved without changing its form and quality;
3. Revocation of designation of land for erosion control pursuant to Article 20 of the Erosion Control Work Act;
4. Permission for converting the use of grassland pursuant to Article 23 of the Grassland Act;
5. Permission for occupying, etc. river in a river area pursuant to Article 33 of the River Act;
6. Permission for occupying and using public waters pursuant to Article 8 of the Public Waters Management and Reclamation Act;
7. Permission for building a private road pursuant to Article 4 of the Private Road Act;
8. Permission for occupying a road pursuant to Article 61 of the Road Act;
9. Permission for using or leasing state forests pursuant to Article 21 of the State Forest Administration and Management Act;
10. Reporting on constructing a structure pursuant to Article 83 (1) of the Building Act;
11. Authorization for installing private-use waterworks and private-use industrial waterworks pursuant to Articles 52 and 54 of the Water Supply and Waterworks Installation Act;
12. Permission for reburying a grave pursuant to Article 27 (1) of the Act on Funeral Services;
14. Reporting on commencing or altering a project under Article 86 (1) of the Act on the Establishment and Management of Spatial Data.
(2) If a Mayor/Do Governor intends to grant approval of a business plan or approval for modification of a business plan for a sports facility business requiring registration under Article 12, he/she shall, in advance, consult with the head of an administrative agency having jurisdiction over the matters falling under each subparagraph of paragraph (1): Provided, That the foregoing shall not apply to any minor modification in the business plan under the proviso of Article 12.
(3) When a Mayor/Do Governor grants approval of a business plan for a sports facility business requiring registration, grants approval for modification of such business plan, or receives a report on modification pursuant to Article 12 or when he/she revokes approval of the business plan for the sports facility business requiring registration under Article 31, he/she shall notify such fact to the head of an administrative agency with whom he/she has consulted thereabout pursuant to paragraph (2) without delay.
 Article 29 (Notification, etc. of Suspension or Discontinuation of Business)
(1) When a sports facility business entity under Article 20 (1) has suspended or discontinued his/her business for longer than three months, he/she shall notify the Mayor of the Special Self-Governing City, the Governor of the Special Self-Governing Province, or the head of the Si/Gun/Gu thereof, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, within 30 days from the date on which he/she suspends or discontinues his/her business. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9494, Mar. 18, 2009; Act No. 13976, Feb. 3, 2016>
(2) If a sports facility business entity fails to give a notification of business suspension or discontinuation within the period specified in paragraph (1), the Mayor of the Special Self-Governing City, the Governor of the Special Self-Governing Province, or the head of the Si/Gun/Gu may issue a disposition to suspend or discontinue his/her business in accordance with Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9494, Mar. 18, 2009; Act No. 13976, Feb. 3, 2016>
 Article 30 (Corrective Order)
If a sports facility business entity or a person having obtained approval of a business plan falls under any of the following subparagraphs, a Mayor/Do Governor or the head of a Si/Gun/Gu may order him/her to make corrections thereof specifying a period:
1. When he/she violates the facility standards required under Article 11 (1);
2. When he/she installs facilities, modifying a business plan without obtaining approval for modification of the business plan required under Article 12;
3. When he/she violates the matters concerning the recruitment of members under Article 17;
4. When he/she violates the matters concerning the protection of members under Article 18;
5. When he/she operates his/her sports facility business without separating a golf course business from a public golf course business established as an annex thereto under Article 21;
6. When he/she violates the matters that should be observed by sports facility business entities under Article 22;
7. When he/she violates the safe and sanitary standards under Article 24 (1);
8. When he/she fails to have his/her sports facilities insured under Article 26.
 Article 31 (Revocation of Approval for Business Plan)
If a person who has obtained approval of a business plan falls under any of the following subparagraphs before he/she files registration for sports facility business pursuant to Article 19 (1) or (2), the Mayor/ Do Governor may revoke approval of the business plan for the sports facility business: <Amended by Act No. 13976, Feb. 3, 2016>
1. Where he/she has obtained approval of a business plan or approval for modifying the business plan under Article 12 by fraud or other improper means;
2. Where he/she fails to start or complete the installation of such facility within the relevant period specified in Article 16 (1);
3. Where he/she commences his/her business without filing registration therefor as required under Article 19 (1) or (2).
 Article 32 (Revocation, etc. of Registration)
(1) If the business entity of a sports facility business requiring registration fails to implement the terms of registration provided for in Article 19 (2) without any justifiable grounds, the Mayor/Do Governor shall revoke registration.
(2) Where a sports facility business entity falls under any of the following subparagraphs, the Mayor/Do Governor or the head of the Si/Gun/Gu may revoke registration, issue an order to discontinue his/her business, or issue an order to suspend his/her business within a given period not exceeding six months: <Amended by Act No. 13128, Feb. 3, 2015; Act No. 13976, Feb. 3, 2016>
1. Where he/she fails to comply with an order for implementation of necessary measures, such as reparation and reinforcement of facilities, or an order for correction, issued pursuant to Article 4-4 (3);
2. Where he/she fails to establish a public golf course or to fulfill the whole or part of his/her obligation to deposit the cost of establishing a public gulf course as an annex to a golf course under Article 14;
3. Where he/she files registration for his/her sports facility business under Article 19 (1) and (2), or files a report thereon under Article 20, by fraud or any other wrongful means;
4. Where he/she fails to file registration for modification as required under the latter part of Article 19 (1) or to report on modification as required under Article 20 (2);
5. Where he/she operates his/her business during the period for which his/her business is suspended;
6. Where he/she fails to comply with a corrective order even after the receipt of the corrective order pursuant to Article 30;
7. Where a child boarding (including getting on and off) a school bus for children dies or suffers a serious injury prescribed by Ordinance of the Minister of Culture, Sports and Tourism, due to a traffic accident occurred during the operation of the school bus for children without boarding a guardian together on the relevant school bus for children (including the cases where the report of school bus for children under Article 52 of the Road Traffic Act has not been filed), in violation of Article 53 (3) of the same Act.
(3) Detailed standards for administrative dispositions issued under paragraph (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, taking into account the grounds for imposition of a disposition, the severity of violation, etc. <Amended by Act No. 8852, Feb. 29, 2008>
 Article 32-2 (Disclosure of Information on Accident of School Bus for Children and Relevant Matters)
(1) Where an accident falling under Article 32 (2) 7 occurs, the Mayor of the Special Self-Governing City, the Governor of the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may disclose the details of the accident and information on the relevant sports facilities to the general public.
(2) Necessary matters regarding the specific standard, method, and procedure, etc. for disclosure of accident information pursuant to paragraph (1) shall be prescribed by Ordinance of the Minister of Culture, Sports and Tourism.
[This Article Newly Inserted by Act No. 13128, Feb. 3, 2015]
 Article 32-3 (Succession of Effect of Administrative Sanctions)
(1) Where the status of a sports facility business entity or a person who has obtained approval of a business plan is succeeded under Article 27, any administrative sanction imposed on the previous sports facility business entity or person who obtained the approval of the business plan pursuant to Article 30 or 32 (2) shall be applied to the successor for one year from the date the relevant sanction is imposed, and if proceedings for the imposition of administrative sanction are in progress, such proceedings may be continued against the successor: Provided, That this shall not apply where the person who has succeeded to the status (excluding those persons whose successor status has been obtained by inheritance) proves that he/she was not aware of the relevant sanction or offense at the time of succession.
(2) Where a sports facility business entity discontinues his/her business, and he/she or his/her spouse, sibling, or lineal blood relative (hereinafter referred to as “relative, etc.”) operates a sports facility business similar to the business he/she discontinued in the same place, any administrative sanction imposed on the previous sports facility business entity pursuant to Article 30 or 32 (2) shall be applied to the relative, etc. for one year from the date the relevant sanction is imposed, and if proceedings for the imposition of administrative sanction are in progress, such proceedings may be continued against the relative, etc.: Provided, That this shall not apply where the relative, etc. proves that he/she was not aware of the relevant sanction or offense at the time he/she obtained registration or reported on the sports facility business.
[This Article Newly Inserted by Act No. 13976, Feb. 3, 2016]
 Article 33 (Hearings)
The Mayor/Do Governor or the head of a Si/Gun/Gu shall, if he/she intends to issue a disposition falling under any of the following subparagraphs, hold a hearing thereon:
1. Revocation of approval of a business plan under Article 31;
2. Revocation of registration under Article 32 (1);
3. Order to revoke registration or to shut down under Article 32 (2).
 Article 34 (Sports Facility Business Association)
(1) Sports facility business entities may establish an association by type of sports facility business in order to ensure the sound development of sports facility business.
(2) The association shall be a juristic person.
(3) The association may have its branches or its sub-branches in accordance with its articles of association.
(4) Except as otherwise provided for in this Act, provisions concerning incorporated associations of the Civil Act shall apply mutatis mutandis to the association.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 35 (Subsidies)
(1) The State or a local government may subsidize part of the cost for installing any of the following sports facilities within budgetary limits every fiscal year:
1. Public sports facilities installed by a local government under Articles 5 (1) and 6;
2. Various sports facilities in conformity with standards prescribed by Presidential Decree in order to protect and facilitate sports facility business.
(2) The State or a local government may subsidize expenses incurred in managing and repairing school and workplace sports facilities that are open and made accessible to community residents.
 Article 36 (Reports on Matters, etc. Necessary to Develop Policy Steps)
A Mayor/Do Governor or the head of a Si/Gun/Gu shall report matters necessary to develop policy steps concerning installation and use of sports facilities and to enforce this Act to the Minister of Culture, Sports and Tourism in accordance with Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
 Article 37 (Fees)
Any of the following persons shall pay fees prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province, or a Si/Gun/autonomous Gu: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10559, Apr. 5, 2011; Act No. 13976, Feb. 3, 2016>
1. A person who files an application for approval of a business plan for sports facility business or an application for approval for modifying the business plan under Article 12;
2. A person who files registration for sports facility business or registration for modification thereof pursuant to Article 19;
3. A person who files a report on sports facility business or files a report on modification thereof under Article 20.
CHAPTER V PENALTY PROVISIONS
 Article 38 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 15825, Oct. 16, 2018>
1. A person who installs the facilities of a sports facility business requiring registration without obtaining approval of a business plan required under Article 12;
2. A person who operates a sports facility business without obtaining registration (excluding registration for modification) required under Article 19 (1) or (2).
(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 13976, Feb. 3, 2016; Act No. 15825, Oct. 16, 2018>
1. A person who operates a sports facility business (excluding a small-scale sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism) without filing a report thereon required under Article 20 (1);
2. A person who violates the safety and sanitary standards referred to in Article 24 (1);
3. A person who continues to operate a sports facility business after he/she has been ordered to close or suspend the sports facility business (excluding a small-scale sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in accordance with subparagraph 1) under Article 32 (2).
(3) A term of imprisonment with labor and a fine prescribed in paragraphs (1) and (2) may be concurrently imposed.
 Article 39 (Joint Penalty Provisions)
When a representative of a corporation or an agent, employee, or servant of a corporation or individual commits a violation described in Article 38 in connection with the business of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in the relevant Article in addition to the punishment of such violator: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, the foregoing shall not apply.
[This Article Wholly Amended by Act No. 9494, Mar. 18, 2009]
 Article 40 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 13128, Feb. 3, 2015; Act No. 13976, Feb. 3, 2016>
1. An owner of sports facilities and sports facility business entity who fails to comply with an order to implement necessary measures, such as reparation and reinforcement of facilities, or an order to correct issued pursuant to Article 4-4 (3);
2. A person who operates his/her business without filing registration for modification required under Article 19 (1);
3. A person who fails to place a sports instructor required under Article 23 or places a person who is not qualified as a sports instructor;
4. A person who fails to have a sports facility insured under Article 26;
5. A person who operates a small-scale sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism under Article 38 (2) 1 without filing a report required under Article 20 (1);
6. A person who operates a small-scale sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism under Article 38 (2) 1 after having been ordered to discontinue or suspend his/her business under Article 32 (2).
(2) An administrative fine provided for in paragraph (1) shall be imposed and collected by a Mayor/Do Governor and the head of a Si/Gun/Gu as prescribed by Presidential Decree.
(3) through (5) Deleted. <by Act No. 9494, Mar. 18, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Period for Installation of Facilities for Sports Facility Business Requiring Registration)
A period for installation of facilities provided for in Article 16 (2) of the Installation and Utilization of Sports Facilities Act (Act No. 7913) shall be counted from the date on which the approval of a business plan for sports facility business requiring registration is first obtained pursuant to the amended provisions of Article 12 of the same Act on or after September 25, 2006 on which the Installation and Utilization of Sports Facilities Act (Act No. 7913) enters into force.
Article 3 (Transitional Measures concerning Public Golf Course Established as Annex to Golf Course and Application Deadline)
(1) Any person who obtains approval for his/her business plan for golf course business on condition that he/she establish a public golf course as an annex to the golf course or deposit the cost for establishing the public golf course as at the time the Installation and Utilization of Sports Facilities Act (Act No. 4719) enters into force, shall open the public golf course as an annex to the golf course on his/her own and deposit the cost of establishing the public golf course according to the terms of the approval and when the person completes establishment of the public golf course as an annex to the golf course and the deposit of the cost of establishing the public golf course, the public golf course shall be deemed established and the cost of establishing the public golf course shall be deemed deposited pursuant to the amended provisions of Article 14 [referring to the Installation and Utilization of Sports Facilities Act (Act No. 4719); hereafter the same shall apply in this Article].
(2) Article 14 shall be applied on or before the date on which five years have lapsed from the date on which the Installation and Utilization of Sports Facilities Act (Act No. 4719) enters into force: Provided, That any person who is obliged to establish a public golf course as an annex to his/her golf course or to deposit the cost of establishing the public golf course shall fulfill his/her obligation even after the same deadline and when he/she fails to fulfill his/her obligation, an administrative disposition may be imposed on him/her pursuant to the amended provisions of Article 32 (2) 1.
Article 4 (Transitional Measures concerning Recruitment of Members)
(1) When any golf course business entity or any complex sports facility business entity (including any person who obtains approval for a business plan) obtains approval for recruiting his/her members from a Mayor/Do Governor pursuant to the previous provisions as at the time the Installation and Utilization of Sports Facilities Act (Act No. 4719) enters into force, he/she shall be deemed developed or submitted a plan for recruiting members pursuant to the amended provisions of Article 19 of the Installation and Utilization of Sports Facilities Act (Act No. 4719).
(2) Matters concerning recruitment of members for a person who has obtained approval for a member recruitment plan for yachting pool business, rowing course business, canoe course business, ice rink business, riding track business, or complex sports facility business pursuant to previous provisions as at the time the Installation and Utilization of Sports Facilities Act (Act No. 7629) enters into force, shall be governed by the previous provisions, notwithstanding the amended provisions of Article 10 of the Installation and Utilization of Sports Facilities Act (Act No. 7629).
(3) A person who recruits members pursuant to the previous provisions as at the time the Installation and Utilization of Sports Facilities Act (Act No. 7913) enters into force shall be deemed recruited members pursuant to the amended provisions of subparagraph 4 of Article 2 of the Installation and Utilization of Sports Facilities Act (Act No. 7913).
Article 5 (Transitional Measures concerning Disposition, etc.)
(1) Approvals granted by administrative agencies, including the Minister of Culture and Tourism and the Mayor/Do Governor, other acts performed by administrative agencies, or various registrations filed with and other acts performed in relation to administrative agencies pursuant to the previous provisions as at the time of the Installation and Utilization of Sports Facilities Act (Act No. 4719) enters into force, shall be deemed acts performed by or in relation to administrative agencies pursuant to the Installation and Utilization of Sports Facilities Act (Act No. 4719).
(2) Approvals granted by administrative agencies, including the Mayor/Do Governor, other acts performed by administrative agencies, or various registrations filed with and acts performed in relation to administrative agencies pursuant to the previous provisions as at the time the Installation and Utilization of Sports Facilities Act (Act No. 7629) enters into force, shall be deemed the acts performed by or in relation to administrative agencies pursuant to the Installation and Utilization of Sports Facilities Act (Act No. 7629).
(3) Approvals and dispositions granted by the Mayor/ Do Governor or the head of a Si/Gun/Gu; any other acts performed by administrative agencies; registrations and reports filed with administrative agencies; and any other acts performed in relation to administrative agencies pursuant to the previous provisions as at the time the amended Installation and Utilization of Sports Facilities Act (Act No. 7913) enters into force, shall be deemed acts performed by or in relation to administrative agencies pursuant to the Installation and Utilization of Sports Facilities Act (Act No. 7913).
(4) Acts performed by or in relation to administrative agencies pursuant to the previous provisions as at the time this Act enters into force, shall be deemed performed by or in relation to administrative agencies pursuant to this Act.
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
(1) When applying provisions pertaining to penalties and administrative fines to acts committed before the Installation and Utilization of Sports Facilities Act (Act No. 7913) enters into force, the previous provisions shall apply.
(2) When applying provisions pertaining to penalties and administrative fines to acts committed before this Act enters into force, the previous provisions shall apply.
Article 7 Omitted.
Article 8 (Relationship with other Acts)
A citation to the previous Installation and Utilization of Sports Facilities Act or any of the provisions thereof by any other statute as at the time this Act enters into force shall be deemed a citation to this Act or the corresponding provision of this Act in lieu of the previous provision, if this Act includes such corresponding provision.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1(Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1(Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1(Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 9494, Mar. 18, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1(Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1(Enforcement Date)
This Act shall enter into force on January 1, 2011. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1(Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10559, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
In applying administrative fines to any acts done before this Act enters into force, the previous provisions shall prevail.
ADDENDUM <Act No. 11169, Jan. 17, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 13128, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Administrative Disposition for Sports Facility Business)
The amended provisions of Article 32 (2) 7 shall apply beginning with the case where a child dies or suffers an injury prescribed by Ordinance of the Minister of Culture, Sports and Tourism due to the first traffic accident that occurs after this Act enters info force.
ADDENDA <Act No. 13976, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Reports on Modifications to Sports Facility Business)
The amended provisions of Article 20 (2) shall apply beginning with the modifications made to any reported matter after this Act enters into force.
Article 3 (Applicability concerning Matters to Be Observed by Sports Facility Business Entities)
The amended provisions of Article 22 (1) 4 shall apply beginning with the agreements made on the use of sports facilities after this Act enters into force.
Article 4 (Applicability concerning Succession of Administrative Sanctions)
The amended provisions of Article 32-3 shall apply beginning with the commitment of an offense which is subject to administrative sanction imposed under the amended provisions of Article 30 or 32 (2) after this Act enters into force.
Article 5 (Transitional Measures concerning Time Limits for Installation of Facilities for Sports Facility Business Requiring Registration)
Notwithstanding the amended provisions of Article 16 (1) and subparagraph 2 of Article 31, the previous provisions shall apply with regard to a person who has obtained approval of the business plan for a sports facility business requiring registration as at the time this Act enters into force.
Article 6 (Transitional Measures concerning Revocation, etc. of Registration)
Notwithstanding the amended provisions of Articles 20 (2) and 32 (2) 4, the previous provisions shall apply with regard to the persons who have modified reported matters without filing a modification report required under the latter part of the previous provisions of Article 20 as at the time this Act enters into force.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amendments to the Acts, which were promulgated before this Act enters into force but whose enforcement dates have not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on the respective enforcement dates of the relevant Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14635, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Reporting, etc. on Sports Facility Business)
The amended provisions of Article 20 (3) and (4) shall apply, staring from the first cases of filing a report or report on modification after this Act enters into force.
ADDENDUM <Act No. 15767, Sep. 18, 2018>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 15825, Oct. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 38 (1) and (2) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Disclosure of Results of Safety Inspection)
The amended provisions of Article 4-4 (1) shall begin to apply to a safety inspection conducted after this Act enters into force.
Article 3 (Applicability to Legal Fiction of Authorization or Permission under Other Statutes)
The amended provisions of Article 28 (1) 14 shall begin to apply to where a Mayor/Do Governor grants approval of a business plan or approval for modification of a business plan after this Act enters into force.