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ENFORCEMENT DECREE OF THE INSTALLATION AND UTILIZATION OF SPORTS FACILITIES ACT

Wholly Amended by Presidential Decree No. 20394, Nov. 20, 2007

Amended by Presidential Decree No. 20428, Nov. 30, 2007

Presidential Decree No. 20676, Feb. 29, 2008

Presidential Decree No. 20985, Sep. 3, 2008

Presidential Decree No. 21590, jun. 30, 2009

Presidential Decree No. 22116, Apr. 13, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 22780, Mar. 30, 2011

Presidential Decree No. 23016, Jul. 4, 2011

Presidential Decree No. 23352, Dec. 6, 2011

Presidential Decree No. 23955, Jul. 17, 2012

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26457, Aug. 3, 2015

Presidential Decree No. 27426, Aug. 2, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 28521, Dec. 29, 2017

Presidential Decree No. 28544, Dec. 29, 2017

Presidential Decree No. 28583, Jan. 16, 2018

Presidential Decree No. 28586, Jan. 16, 2018

Presidential Decree No. 29688, Apr. 16, 2019

Presidential Decree No. 29950, Jul. 2, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Installation and Utilization of Sports Facilities Act and those necessary for the enforcement of such matters.
 Article 2 (Kinds of Sports Facilities)
The kinds of sports facilities referred to in Article 3 of the Installation and Utilization of Sports Facilities Act (hereinafter referred to as the “Act”) are as specified in attached Table 1.
 Article 2-2 (Master Plan for Safety Management of Sports Facilities)
“Matters prescribed by Presidential Decree” in Article 4-2 (2) 5 of the Act means the following:
1. Fosterage and support of organizations specialized in the safety management of sports facilities;
2. Research and development of technology needed for the safety management of sports facilities;
3. Development of a standard manual for the safety management of sports facilities;
4. Other matters deemed necessary by the Minister of Culture, Sports and Tourism for the safety management of sports facilities.
[This Article Newly Inserted by Presidential Decree No. 26457, Aug. 3, 2015]
 Article 2-3 (Safety Inspection of Sports Facilities)
(1) The checklists and standards for a safety inspection relevant to safety management of sports facilities (hereinafter referred to as “safety inspection of sports facilities”) to be conducted under subparagraph 2 of Article 4-3 of the Act are as specified in attached Table 1-2. <Amended by Presidential Decree No. 29688, Apr. 16, 2019>
(2) The Minister of Culture, Sports and Tourism shall formulate and publicly notify safety management guidelines that indicate operating procedures and methods for the safety management of sports facilities, including the following matters. In this case, the Minister of Culture, Sports and Tourism may request that the heads of relevant administrative agencies submit data necessary to formulate the safety management guidelines:
1. Compilation and review of construction-related data required for a safety inspection, such as drawings and specifications;
2. Composition of and qualification requirements for safety inspectors;
3. Establishment and execution of a safety inspection plan;
4. Equipment for a safety inspection;
5. Methodologies for checking each item on the safety inspection list;
6. Preparation of a report on the findings of a safety inspection.
[This Article Newly Inserted by Presidential Decree No. 26457, Aug. 3, 2015]
 Article 2-4 (Affairs Subject to Delegation or Entrustment)
“Any other matter prescribed by Presidential Decree” in subparagraph 4 of Article 4-3 of the Act means the following:
1. Management of the current record of safety accidents that occur within sports facilities;
2. Notification of the safety inspection results pursuant to Article 4-4 of the Act.
[This Article Newly Inserted by Presidential Decree No. 26457, Aug. 3, 2015]
 Article 2-5 (Delegation and Entrustment of Safety Management Inspection of Sports Facilities)
(1) The Minister of Culture, Sports and Tourism shall delegate the affairs specified in subparagraphs 1, 2, and 4 of Article 4-3 of the Act in relation to the following sports facilities to the Mayor/Do Governor, in accordance with Article 4-3 of the Act:
1. Specialized sports facilities and lifetime sports facilities installed and operated under Articles 5 and 6 of the Act (limited to the public sports facilities installed or operated by the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province (hereinafter referred to as “City/ Do”));
2. Workplace sports facilities established and operated under Article 7 of the Act (excluding workplace sports facilities on military bases);
3. Facilities held by a sports facility business requiring registration specified in Article 10 (1) 1 of the Act.
(2) The Minister of Culture, Sports and Tourism shall delegate the affairs specified in subparagraphs 1, 2, and 4 of Article 4-3 of the Act in relation to the specialized sports facilities and lifetime sports facilities installed and operated under Articles 5 and 6 of the Act (excluding the public sports facilities installed or operated by the State or a City/Do) to the head of a Si/Gun/Gu, in accordance with Article 4-3 of the Act.
(3) The Minister of Culture, Sports and Tourism may delegate the affairs specified in subparagraphs 1, 2 and 4 of Article 4-3 of the Act in relation to the facilities held by a sports facility business requiring report specified in Article 10 (1) 2 of the Act to the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, in accordance with Article 4-3 of the Act.
(4) The Minister of Culture, Sports and Tourism shall entrust the affairs specified in subparagraph 3 of Article 4-3 of the Act and the affairs specified in subparagraphs 1, 2, and 4 of Article 4-3 of the Act in relation to the specialized sports facilities and lifetime sports facilities installed and operated under Articles 5 and 6 of the Act (limited to the public sports facilities installed or operated by the State) to the Seoul Olympic Sports Promotion Foundation (hereinafter referred to as the “Korea Sports Promotion Foundation”) established under the National Sports Promotion Act, in accordance with Article 4-3 of the Act.
(5) If necessary for conducting the affairs specified in subparagraph 3 of Article 4-3 of the Act, the Korea Sports Promotion Foundation may request that the heads of relevant central administrative agencies and the heads of local governments submit relevant data or provide cooperation.
[This Article Newly Inserted by Presidential Decree No. 26457, Aug. 3, 2015]
[Moved from Article 2-6; previous Article 2-5 deleted <by Act No. 29688, Apr. 16, 2019>]
 Article 2-6 (Publication and Notification of Results of Safety Inspection of Sports Facilities)
(1) Where the Minister of Culture, Sports and Tourism has conducted a safety inspection of any sports facilities, the Minister shall publish the following matters through the comprehensive system for management of sports facilities information referred to in Article 4-5 of the Act, in accordance with Article 4-4 (1) of the Act:
1. Name and location of the sports facilities;
2. Period of the safety inspection of the sport facilities and the inspector;
3. Results of the safety inspection of the sports facilities (if any serious defect specified in the subparagraphs of paragraph (3) is found, details of such defect shall be stated);
4. Measures to be taken (where the measures are taken, including the results thereof) by the owner of the sports facilities (including a person who is entrusted with the operation and management of the sports facilities; hereinafter the same shall apply) and the sports facility business entity.
(2) Where the Minister of Culture, Sports and Tourism notifies the results of a safety inspection of sports facilities to the owner of the sports facilities, the sports facility business entity, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”), or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) under Article 4-4 (1) of the Act, such results shall include the following:
1. Name and location of the sports facilities;
2. Names of the owner of the sports facilities and the sports facility business entity (if such owner or business entity is a corporation, referring to the name of its representative);
3. Period of the safety inspection of the sport facilities and the inspector;
4. Results of the safety inspection of the sports facilities (if any serious defect specified in the subparagraphs of paragraph (3) is found, details of such defect shall be stated);
5. Measures to be taken by the owner of the sports facilities and the sports facility business entity;
6. Other matters necessary for the safety management of the sports facilities.
(3) “Any serious defect prescribed by Presidential Decree” in Article 4-4 (2) of the Act means the following:
1. Scour of the foundations of a facility (which means that a cross-section of such foundations is carved by water);
2. Loss of internal forces acting within the columns, beams, or load-bearing walls of a building;
3. Loss of internal forces acting on steel-reinforced concrete beams caused by salt damage or neutralization;
4. Cracks or damage in retaining wall caused by cracks on or slack in cut and filled side slopes;
5. Other defects that might affect the safety of a sports facility, as determined and publicly notified by the Minister of Culture, Sports and Tourism.
(4) Where any serious defect specified in the subparagraphs of paragraph (3) is found in sports facilities, the owner of such sports facilities and the sports facility business entity who are notified of the results of a safety inspection of the sports facilities pursuant to paragraph (2) shall undertake necessary measures, such as repair and reinforcement of the said defect, within one year from the date of receipt of such notification under Article 4-4 (2) of the Act and shall complete those measures within two years from the date of undertaking of such measures, unless there is a compelling reason not to do so.
[This Article Newly Inserted by Presidential Decree No. 29688, Apr. 16, 2019]
[Previous Article 2-6 moved to Article 2-5 <by Act No. 29688, Apr. 16, 2019>]
CHAPTER II PUBLIC SPORTS FACILITIES
 Article 3 (Installation and Operation of Specialized Sports Facilities)
(1) The specialized sports facilities required to be installed and operated by the State and each local government pursuant to Article 5 (1) of the Act are as follows: <Amended by Presidential Decree No. 22116, Apr. 13, 2010; Presidential Decree No. 26457, Aug. 3, 2015>
1. City/Do: Sports facilities capable of holding international sports events and comprehensive national sports events;
2. Si/Gun: Sports facilities capable of holding comprehensive Si/Gun sports events.
(2) The installation standards for specialized sports facilities specified in paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 4 (Installation and Operation of Lifetime Sports Facilities)
(1) The lifetime sports facilities required to be installed and operated by the State and each local government pursuant to Article 6 of the Act are as follows:
1. Si/Gun/Gu: Indoor and outdoor sports facilities easily accessible to all residents;
2. Eup/Myeon/Dong: Outdoor sports facilities easily accessible to all residents.
(2) The installation standards for lifetime sports facilities specified in paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 4-2 (Usage Fee Exemption or Reduction for Specialized Sports Facilities and Lifetime Sports Facilities)
A local government may grant an exemption of all the usage fees pursuant to Articles 5 (3) and 6 (3) of the Act, if any specialized sports facility or lifetime sports facility is used for holding an event listed in subparagraph 1; and may reduce some of the usage fees within 80 percent thereof, as prescribed by ordinance of the relevant local government, if it is used for holding an event or running a program listed in subparagraphs 2 through 7: <Amended by Presidential Decree No. 27426, Aug. 2, 2016; Presidential Decree No. 28521, Dec. 29, 2017>
1. An event held or managed by the State or another local government;
2. An event held by any of the following organizations (including their local branches, affiliated competition organizations, or member organizations);
(a) The Korean Sport and Olympic Committee established under Article 33 of the National Sports Promotion Act;
(b) The Korea Paralympic Committee established under Article 34 of the National Sports Promotion Act;
(c) Deleted; <by Presidential Decree No. 27426, Aug. 2, 2016>
3. An event held for persons of distinguished services to the State or their families or bereaved families registered under Article 6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
4. An event held for persons aged at least 65 years, persons with a disability or disabilities, or recipients under the National Basic Living Security Act;
5. A regular class or after-school program associated with sports activities in schools defined in Article 2 of the Elementary and Secondary Education Act;
6. A self-sufficiency program associated with sports activities in out-of-school juvenile support centers established under Article 12 of the Act on the Support for Out-of-School Youth;
7. Any event or activity prescribed by ordinance of the relevant local government, as exemption or reduction of usage fees is otherwise required.
[This Article Newly Inserted by Presidential Decree No. 23955, Jul. 17, 2012]
 Article 5 (Installation and Operation of Workplace Sports Facilities)
(1) The workplaces required to install and operate workplace sports facilities pursuant to Article 7 (1) of the Act shall be those with at least 500 regular employees: Provided, That those workplaces prescribed by Ordinance of the Ministry of Culture, Sports and Tourism are allowed to be exempt from installing and operating workplace sports facilities, in whole or in part. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) The installation standards for workplace sports facilities specified in paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(3) The installation and operation of workplace sports facilities shall be guided and supervised by the relevant Mayor/Do Governor: Provided, That the installation and operation of workplace sports facilities on military bases shall be guided and supervised by the Minister of Defense. <Amended by Presidential Decree No. 22116, Apr. 13, 2010; Presidential Decree No. 26457, Aug. 3, 2015>
CHAPTER III SPORTS FACILITY BUSINESS
 Article 6 (Scope of Each Type of Sports Facility Business)
The scope of each type of sports facility business referred to in Article 10 (2) of the Act is as specified in attached Table 2.
 Article 7 (Detailed Types of Sports Facility Business)
(1) The detailed types of sports facility business referred to in Article 10 (2) of the Act are as follows:
1. Membership-based sports facility business: Sports facility business run on membership recruitment;
2. Public sports facility business: Sports facility business run without membership recruitment.
(2) Of the public sports facility businesses specified in paragraph (1) 2, golf course business shall be re-classified based on its facility size by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
 Article 8 (Restrictions on Facility Installation and Site Areas)
Details of the restrictions on installation of facilities of sports facility business and the size of the site area therefor referred to in Article 11 (2) of the Act are as specified in attached Table 3.
 Article 9 (Competent Authority for Sports Facility Business Requiring Registration Stretching over Two or More Cities/Dos)
(1) If the place where the facilities of sports facility business requiring registration specified in Article 10 (1) 1 of the Act are installed stretches over two or more Cities/Dos, the Mayor/Do Governor having jurisdiction over the largest part of the site area of the relevant facilities shall become the competent authority in relation to the sports facility business.
(2) In the cases specified in paragraph (1), if the Mayor/Do Governor, who is the competent authority of a sports facility business, approves or registers its business plan, he/she shall have consultation with the relevant Mayors/Do Governors in advance.
 Article 10 (Application for Approval of Business Plan and Other Relevant Matters)
(1) A person who seeks to obtain approval of a business plan for sports facility business requiring registration under the former part of Article 12 of the Act shall file an application for approval of a business plan with the competent Mayor/Do Governor, with the documents prescribed by Ordinance of the Ministry of Culture, Sports and Tourism appended. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) If a Mayor/Do Governor approves a business plan, he/she shall notify the head of the relevant Si/Gun/Gu of such approval. In such case, if the place of installation of the relevant sports facilities stretches over two or more Sis/Guns/Gus (the Gus refers to autonomous Gus), he/she shall notify all the heads of Sis/Guns/Gus having jurisdiction over the relevant place of such approval. <Amended by Presidential Decree No. 26457, Aug. 3, 2015>
(3) Paragraphs (1) and (2) shall apply mutatis mutandis with regard to an application for any modifications to a business plan.
 Article 11 (Modification of Minor Matters)
“Modification of minor matters ... prescribed by Presidential Decree” in the latter part of Article 12 of the Act means the following: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 20985, Sep. 3, 2008>
1. If the person who has obtained approval of a business plan is a body corporate, modification of the name or address of its representative (excluding succession of approval of a business plan pursuant to Article 27 (3) of the Act);
2. Modification of a trading name;
3. Modifications to a facility installed within the limits set by Ordinance of the Ministry of Culture, Sports and Tourism. In this case, the size and boundary of the relevant site area, for which a business plan has been approved, shall not be subject to modifications (excluding changes in size using some units of measurement without changing its boundary);
4. Modifications to the projected number of members to recruit and membership fees;
5. Modifications to the scheduled date for commencement or completion of the facility installation works.
 Article 12 (Restrictions on Approval of Business Plan)
In any of the following cases, no Mayor/Do Governor may grant approval of a sports facility business plan or approval for any modification thereto under Article 13 (1) of the Act: <Amended by Presidential Decree No. 20428, Nov. 30, 2007; Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 28583, Jan. 16, 2018>
1. If it is intended to convert a business plan that has been approved as public golf course business or all or some of the facilities registered for public golf course business to a business plan or facilities for membership-based golf course business;
2. In cases of golf course business, if it is inappropriate based on the site selection standards and environmental conservation guidelines publicly notified by the Minister of Culture, Sports and Tourism for protecting the natural environment, after consultations with the heads of relevant central administrative agencies: Provided, That no restrictions shall be placed on granting approval for modifications to a business plan in the following cases, to the extent that the relevant site area will not be expanded:
(a) If it is intended to fix or repair any facility of the golf course business without increasing the discharge of water pollutants defined in subparagraph 7 of Article 2 of the Water Environment Conservation Act;
(b) If it is intended to incorporate lower-grade sites in the ecological zoning map specified in subparagraph 14 of Article 2 of the Natural Environment Conservation Act (excluding the separately-managed zones specified in Article 34 (1) 4 of the same Act) rather than high-grade sites, or to incorporate lower-grade green areas specified in Article 23 (1) 4 of the Enforcement Decree of the same Act rather than high-grade green areas, up to 10/100 of the site area for the relevant golf course business;
3. In cases of skiing ground business, if the ratio of the areas of remaining intact to the areas of land covered by forests (referring to forests defined in subparagraph 1 of Article 2 of the Creation and Management of Forest Resources Act as at the time the relevant business plan is approved; in cases of modifications to a business plan intended for change of a project site, referring to the total of the forest areas as at the time a business plan covering the changed project site is approved and the forest areas located in the parts newly incorporated to the site) is less than 25/100.
 Article 13 (Concurrent Establishment of Public Golf Courses and Other Relevant Matters)
In accordance with the main sentence of Article 14 of the Act, a Mayor/Do Governor shall require any person seeking to operate a membership-based golf course business to establish a public golf course as an annex to the former based on the following criteria: Provided, That this shall not apply with regard to those persons who have established a public golf course of the size specified in subparagraph 1 and its operation is already in progress: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Size of a public golf course:
(a) Membership-based golf course having 18 holes: A public golf course having six holes or more;
(b) Membership-based golf course having more than 18 holes: A public golf course having six holes plus three holes for each nine hole exceeding 18 holes, or more;
2. Time limits for completing construction of a public golf course: Construction works for a public golf course shall be completed before registration of a membership-based golf course business: Provided, That if the person applying for registration of a membership-based golf course business has obtained approval of a business plan for the public golf course to be established as an annex to the membership-based golf course as at the time the registration application is filed, the Mayor/Do Governor may extend the time limits for completing construction of the public golf course within one and a half year from the date of registration of the membership-based golf course business, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 14 (Amount of Deposits for Establishment of Public Golf Courses and Other Relevant Matters)
(1) If a Mayor/Do Governor acknowledges that a person obliged to concurrently establish a public golf course is not capable of establishing it for any inevitable reason as provided for in the proviso to Article 14 of the Act, the Mayor/Do Governor shall require such person to deposit funds for establishing the public golf course with the authority given for the task of managing the deposits for establishing public golf courses prescribed by Ordinance of the Ministry of Culture, Sports and Tourism (hereinafter referred to as “deposit management authority for establishing public golf courses”) based on the following criteria: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Amount of deposit: The amount of deposit for one hole held by a public golf course required to be established concurrently under subparagraph 1 of Article 13 shall not be less than the amount prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;
2. Timing for deposit: 1/3 of the sum of the cost to be incurred in establishing the public golf course shall be deposited in cash when the business plan for the membership-based golf course business is approved, when the initial member recruitment plan is submitted, and when such recruitment plan is registered, respectively: Provided, That if the initial deposit for establishing the public golf course has been made at the time of approval of the business plan for the membership-based golf course business as at the time the initial member recruitment plan is submitted or filed for application for registration, the Mayor/Do Governor may extend the due dates for the second and third deposits for establishing the public golf course within one and a half year from the date of registration of the membership-based golf course business, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. In this case, the amount of interest incurred at a rate prescribed by Ordinance of the Ministry of Culture, Sports and Tourism shall be deposited as well.
(2) If a Mayor/Do Governor acknowledges that any person required to concurrently establish a public golf course pursuant to the main sentence of Article 13 is not capable of establishing it for any inevitable reason, the Mayor/Do Governor, upon application by such person, may allow him/her to deposit funds for establishing the public golf course instead of directly establishing the whole or any part of such public golf course. In this case, paragraph (1) shall apply mutatis mutandis with regard to the amount of and timing for deposit for establishing the public golf course; but when the due dates for the second and third deposits for establishing the public golf course specified in the main sentence of paragraph (1) 2 are over, the amount of interest incurred at a rate specified in the proviso to paragraph (1) 2 shall be deposited as well.
 Article 15 (Management and Use of Deposits for Establishment of Public Golf Courses)
(1) If depositors of funds for establishing public golf courses intend to invest such funds jointly in a project for establishing and operating a public golf course under Article 15 (1) of the Act, they shall form jointly a body corporate, the purpose of incorporation of which is to establish and operate a public golf course, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) A body corporate formed under paragraph (1) may use the deposits for establishing public golf courses transferred from the deposit management authority for establishing public golf courses pursuant to paragraph (4) 2 for the following purposes:
1. Purchase or lease of real estate for the development of a public golf course;
2. Installment, management, operation, etc. of facilities of a public golf course;
3. Incorporation and operation of a body corporate.
(3) A body corporate formed under paragraph (1) shall prepare a use plan, a business plan, a budget plan, and a plan for appropriation of retained earnings in relation to the deposits for establishing public golf courses, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and obtain approval from the Minister of Culture, Sports and Tourism. This shall also apply to any modification to the said plans. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(4) The deposit management authority for establishing public golf courses and a body corporate formed under paragraph (1) shall manage the deposits for establishing public golf courses according to the following guidelines: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. When the deposit management authority for establishing public golf courses receives any deposits for establishing public golf courses pursuant to Article 14 (1), it shall, without delay, deposit the relevant amount into a banking institution as prescribed by the Minister of Culture, Sports and Tourism;
2. The deposit management authority for establishing public golf courses shall transfer to the body corporate formed under paragraph (1) the funds for establishing public golf courses (including interest incurred thereon) deposited by the persons involved in the establishment of the relevant body corporate, as prescribed by the Minister of Culture, Sports and Tourism;
3. The deposit management authority for establishing public golf courses and the body corporate formed under paragraph (1) shall not return the funds for establishing public golf courses deposited or transferred to the relevant depositors (including those who have succeeded to their status), except where the approval of the business plan for the relevant membership-based golf course business is revoked under Article 31 of the Act;
4. The deposit management authority for establishing public golf courses shall apply measures for providing a financial guarantee, such as purchasing a surety insurance, in order to ensure the authority will offer a guarantee on its managing obligation for the funds for establishing public golf courses deposited therewith.
(5) A body corporate formed under paragraph (1) shall comply with the matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, in relation to the place for establishment, size, use charges, methods of use, etc., of a public golf course. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(6) A body corporate formed under paragraph (1) shall submit the following documents to the Minister of Culture, Sports and Tourism, within two months from the end of each fiscal year. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Each one copy of the performance report and the balance sheet of earnings and expenditures for the previous business year;
2. One copy of the list of property (if there is any cash, a certificate of balance issued by the relevant banking institution shall be attached thereto) as of the end of the previous business year.
(7) When the Minister of Culture, Sports and Tourism receives the documents listed in paragraph (6), the Minister shall ascertain the relevant corporation registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
 Article 16 (Commencement and Completion of Facilities Installation Work for Sports Facility Business Requiring Registration)
(1) If a person who has obtained approval for a business plan for a sports facility business requiring registration referred to in Article 16 of the Act commences the installation of business facilities, the person shall submit the construction plan to the relevant Mayor/Do Governor by not later than 30 days before he/she commences the relevant work; and shall submit the project completion report to the relevant Mayor/Do Governor when he/she completes the installation (including where he/she completes the installation of facilities required for conditional registration pursuant to Article 21 (1)).
(2) “Any other cause prescribed by Presidential Decree” in the proviso to Article 16 (1) of the Act means the following:
1. If a natural disaster occurs;
2. If an order to suspend work, etc. is issued from the court or an administrative agency under any applicable statute.
(3) If a person who obtains approval of a business plan for a sports facility business requiring registration is incapable of completing the installation work within the completion period set in the main sentence of Article 16 (1) of the Act due to a cause listed in the subparagraphs of paragraph (2), the person shall apply for an extension of the period for installation to the relevant Mayor/Do Governor before the completion period expires, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(4) If a Mayor/Do Governor receives an application for an extension of the installation period under paragraph (3), he/she shall examine the details thereof and notify whether to approve such application within ten days. In this case, if the Mayor/Do Governor acknowledges the validity of the cause for application and approves the extension of the installation period, such extension shall be given for no longer than the period during which the relevant installation work is suspended due to a cause listed in the subparagraphs of paragraph (2).
 Article 17 (Membership Recruitment Period, etc.)
The period and methodologies for recruiting members pursuant to Article 17 (1) of the Act and other membership recruitment process shall be as follows: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Period for membership recruitment:
(a) Sports facility business requiring registration: After at least 30 percent of the facilities installation process for the relevant sports facility business is completed;
(b) Sports facility business that requires reporting: After a report is filed in accordance with Article 20 of the Act;
2. Methodologies and process for membership recruitment:
(a) Members shall be openly recruited as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That closed membership recruitment may be allowed when vacancies caused by withdrawal from membership, etc. are filled or members are re-recruited due to a shortage of registered members after the open membership recruitment process is completed;
(b) If there are more applicants for membership than required, member selection shall be made in fair random drawings;
(c) If any eligibility restrictions are to be placed on membership, the terms and conditions shall provide for detailed criteria for such eligibility restrictions in advance;
3. Volume of membership recruitment: In cases specified in subparagraph 1 (a), if the percentage of completion of the facilities installation process is less than 50, membership recruitment shall be made within the limits that the sum of the membership fees payable by all members to be recruited does not exceed the amount of investment in the relevant business facilities as of the date of submission of the member recruitment plan specified in Article 18 (1).
 Article 18 (Submission, etc. of Member Recruitment Plan)
(1) A person seeking to recruit members for a sports facility pursuant to Article 17 (1) of the Act shall submit a member recruitment plan with the following documents attached to a Mayor/Do Governor in the case of a sports facility business requiring registration, and to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu in the case of a sports facility business that requires reporting. This shall also apply to any modification of the details of a member recruitment plan: <Amended by Presidential Decree No. 22116, Apr. 13, 2010>
1. A document stating the total number of members to be recruited, type of membership, and membership fee or term-based recruitment planning;
2. Terms and conditions of membership (which must indicate the timing and procedures for refunding membership fees, and conditions of use for membership);
3. A progress confirmation of facilities installation issued by a project supervisor as defined in Article 2 (1) 15 of the Building Act (which must be attached only in the case of a sports facility business that requires reporting);
4. A document ascertaining the total amount of investment (or amount of investment for each process in the case of a sports facility business that requires reporting);
5. A document specified in Article 25 (1) of the Enforcement Decree of the Tourism Promotion Act (which must be attached only where consolidated membership recruitment is made with a tourism business facility).
(2) The Mayor/Do Governor and the head of the Si/Gun/Gu shall examine the member recruitment plan and the attached documents submitted under paragraph (1) and notify the person concerned of the outcomes of examination within ten days of submission of such documents.
(3) The person who has submitted the member recruitment plan pursuant to paragraph (1) is allowed to recruit members according to the member recruitment plan on which notification is given under paragraph (2); when the recruitment is completed, he/she shall report on the recruitment results to the Mayor/Do Governor or the head of the Si/Gun/Gu within ten days of completion thereof.
(4) “Tourist business prescribed by Presidential Decree” in Article 17 (2) of the Act means the following:
1. Tourist accommodation business pursuant to Article 3 (1) 2 of the Tourism Promotion Act;
 Article 19 (Protection of Members)
“Matters prescribed by Presidential Decree” in Article 18 of the Act means the following: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Transfer and acquisition of membership: If any member intends to transfer his/her membership to another person, the sports facility business entity shall not restrict such transfer except when the transferee is found to be unqualified based on the eligibility restriction criteria set under subparagraph 2 (c) of Article 17; and if it receives money from the transferee of membership to cover any costs incurred in connection with the transfer and acquisition of membership, the amount shall not exceed the actual expenses incurred;
2. Refund of membership fees (referring to the sum of amounts paid by a person signing up to become a first-time member to the recruiting entity in return for obtaining membership, which excludes the amount contributed to any fund established under applicable laws by such person at the time of signing up for membership): In regard to the withdrawal from membership, or the periods for fee refunds for membership withdrawals, and other relevant matters, the terms and conditions agreed upon by the recruiter and the member shall apply; if any of the terms and conditions that provide the rights and interests of members is amended after a member signs up for membership, the member is allowed to withdraw from membership if he/she has already been registered as a member; and if any withdrawer requests a refund of his/her membership fees, the sports facility business entity shall refund such fees without delay;
3. Refund of membership fees for members whose membership expires on a specific date (hereinafter referred to as “annual member”): If an annual member requests a refund of his/her membership fees due to the expiration of his/her membership, the sports facility business entity shall refund such fees within ten days of request for such refund: Provided, That if there exist any terms and conditions that provide for the membership fee refunds, such terms and conditions shall apply;
4. ID verification and issue of membership cards: The sports facility business entity shall prepare a membership card within 30 days of a member’s registration and issue it to such member after identity verification. The same shall apply to those members who have acquired membership by transfer;
5. Representative body for members: If members request the formation of a steering committee, which is a representative body for members, the sports facility business entity shall allow the formation of such committee with at least ten members and have a prior discussion on any issues involving the rights and interests of members with the committee.
 Article 20 (Application for Registration)
(1) A person seeking registration of a sports facility business pursuant to Article 19 (1) of the Act shall file an application for registration of the sports facility business with the relevant Mayor/Do Governor, with the documents prescribed by Ordinance of the Ministry of Culture, Sports and Tourism attached. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(2) The Mayor/Do Governor shall approve an application for registration filed under paragraph (1), unless it falls into any of the following cases: <Amended by Presidential Decree No. 23352, Dec. 6, 2011>
1. If it falls short of the facility standards specified in Article 11 (1) of the Act;
2. If it fails to obtain approval of the business plan required under Article 12 of the Act;
3. If it falls into any of the cases listed in the subparagraphs of Article 31 of the Act and the approval of the business plan is revoked;
4. If it otherwise violates restrictions placed under the Act, this Decree, or any other statute.
(3) A person seeking registration of a membership-based golf course business, among those persons seeking registration of a sports facility business provided for in paragraph (1), shall apply for such registration by classifying the following lands in and buildings within the golf course, which are located in or placed on the land site for the relevant golf course:
1. A golf course (including teeing grounds, fairways, the roughs and other hazards, and greens);
2. A parking lot and a driving range;
3. A balancing reservoir (excluding those established for sewage treatment, etc. separate from the golf course);
4. A landscape area used for operating, maintaining, and managing the golf course (referring to an area of land, the form and quality of which have been modified through forest destruction; conversion of a farmland; etc. and then landscape is designed and created on the area);
5. Management facilities (including administrative offices, resting facilities, cafeterias, storehouses, and all the other buildings within the golf course, excluding buildings which are not directly used for the golf course, such as a swimming pool, tennis court, driving range, training facility, sewage treatment facility, and a solar power generation facility) and all land appurtenant thereto;
6. Any land used for maintaining and managing the golf course, such as areas for cultivating maintenance grass, seedlings and flowering plants.
(4) If a registration is approved pursuant to paragraph (2), the Mayor/Do Governor shall enter the registration in the register of sports facility business and issue a certificate of registration to the applicant for registration. <Newly Inserted by Presidential Decree No. 23352, Dec. 6, 2011>
(5) The provisions of paragraphs (1) through (4) shall apply with regard to an application for registration of modifications to sports facility business. <Amended by Presidential Decree No. 23352, Dec. 6, 2011>
 Article 21 (Conditional Registration)
(1) “Facilities the scale of which exceeds the scale prescribed by Presidential Decree” in Article 19 (2) of the Act means the following facilities and any facilities requiring the use of the said facilities, which are prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Golf course business: At least nine holes in the case of membership-based golf course business, and at least six holes in the case of public golf course business;
2. Skiing ground business: At least three skiing areas and lifts necessary to use those areas.
(2) If a person who has made a conditional registration pursuant to Article 19 (2) of the Act fully satisfies the relevant condition, he/she shall file a modified registration pursuant to Article 19 (1) of the Act.
(3) Article 20 shall apply mutatis mutandis to an application for conditional registration as well as an application for modified registration thereof. In this regard, “if it falls short of the facility standards specified in Article 11 (1) of the Act” in Article 20 (2) 1 shall be construed as “if it fails to have the facilities specified in paragraph (1)”, in regard to an application for conditional registration. <Amended by Presidential Decree No. 23352, Dec. 6, 2011>
 Article 21-2 (Refund of Use Charges)
A sports facility business entity shall refund the use charges within three business days of the occurrence of an event constituting a cause of refund according to the criteria for refund of use charges specified in attached Table 3-2, if an event constituting the relevant cause of refund specified in either of the items of Article 22 (1) 4 of the Act arises, and no terms and conditions have been concluded between general users and the sports facility business entity in regard to the causes and amounts of refund. In this case, if the sports facility business entity defaults the refund of the use charges, it shall also refund default interest charges calculated by multiplying the amount of arrears by 15/100 per annum based on the duration of default.
[This Article Newly Inserted by Presidential Decree No. 27426, Aug. 2, 2016]
 Article 22 (Matters to be Observed by Dance Institute Business Entities and Dance Hall Business Entities)
Matters to be observed by dance institute business entities and dance hall business entities under Article 22 (2) of the Act are as follows: <Amended by Presidential Decree No. 28544, Dec. 29, 2017>
1. No facilities for offering shows or performances shall be installed (only applicable to dance hall business entities);
2. No alcohol or food shall be sold or provided within a business establishment: Provided, That selling beverages manufactured or processed by persons who registered food manufacturing or processing business under subparagraph 1 of Article 21 of the Enforcement Decree of the Food Sanitation Act and beverages from vending machines shall be excluded.
 Article 22-2 (Management of Personally Identifiable Information)
The Minister of Culture, Sports and Tourism (including those persons to whom the authority vested in the Minister of Culture, Sports and Tourism is delegated or entrusted under Article 2-5) and the heads of local governments (if the relevant authority is delegated or entrusted to other persons, including those persons) may manage data including a resident registration number or an alien registration number provided for in subparagraph 1 or 4 of Article 19 of the Personal Information Protection Act, if it is unavoidable for dealing with the following administrative affairs: <Amended by Presidential Decree No. 29688, Apr. 16, 2019>
1. Affairs related to the establishment and management of a computer system pursuant to subparagraph 3 of Article 4-3 of the Act;
2. Affairs related to notification of the results of a safety inspection pursuant to Article 4-4 (1) of the Act;
3. Affairs related to granting an approval of a business plan and an approval for any modifications thereto pursuant to Article 12 of the Act;
4. Affairs related to placing restrictions on approval of a business plan and approval for any modifications thereto pursuant to Article 13 of the Act;
5. Affairs related to a registration of a sports facility business and a modified registration thereof pursuant to Article 19 of the Act;
6. Affairs related to reporting on a sports facility business and modification of any reported matter pursuant to Article 20 of the Act;
7. Affairs related to issuing corrective orders pursuant to Article 30 of the Act;
8. Affairs related to the imposition and collection of administrative fines pursuant to Article 40 of the Act.
[This Article Newly Inserted by Presidential Decree No. 26457, Aug. 3, 2015]
 Article 22-3 (Re-Examination of Regulation)
The Minister of Culture, Sports and Tourism shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. Procedures for filing an application for approval of a business plan pursuant to Article 10 (1): January 1, 2017;
2. Restrictions on approval of a business plan pursuant to Article 12: January 1, 2017;
3. Criteria for imposition of administrative fines pursuant to Article 23 and attached Table 4: January 1, 2017.
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
 Article 23 (Criteria for Imposition of Administrative Fines)
The criteria for imposition of administrative fines provided for in Article 40 (1) of the Act shall be as specified in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 22780, Mar. 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Restrictions on Facility Installation and Site Areas)
Notwithstanding the amended provisions of Article 8 and attached Table 3, the previous provisions shall apply to the facilities and site areas in regards to which approval of a business plan for sports facility business has been obtained, or registration of or reporting on sports facility business has been made under the previous provisions, as at the time the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 14284 enters into force.
Article 3 (Transitional Measures concerning Approval of Business Plan)
If approval of a business plan for a golf course that stretches over two or more Cities/Dos has been obtained as at the time the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 15003 enters into force, it shall be deemed obtained under the amended provisions of Article 9.
Article 4 (Transitional Measures concerning Concurrent Establishment of Public Golf Courses and Other Relevant Matter)
Notwithstanding the amended provisions of subparagraph 2 of Article 13 and Article 14 (1) 2, the previous provisions shall apply to the concurrent establishment of public golf courses or deposit of funds for establishing public golf courses by persons who have made a conditional registration of a membership-based golf course pursuant to the previous provisions, as at the time the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 15003 enters into force.
Article 5 (Transitional Measures concerning Membership Recruitment)
Notwithstanding the amended provisions of Articles 17 and 18, the previous provisions shall apply with regard to the application of membership recruitment standards for a sports facility business requiring registration that has submitted a member recruitment plan pursuant to the previous provisions, as at the time the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 16701 enters into force: Provided, That the sports facility business requiring registration that has submitted a member recruitment plan pursuant to the previous provisions falls into either of the following cases, the amended provisions of Articles 17 and 18 may apply with regard to the application of its membership recruitment standards, as at the time the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 16701 enters into force: <Amended by Presidential Decree No. 22116, Apr. 13, 2010>
1. If approval has been obtained from at least 2/3 of the total number of recruited members on or after the date the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 19686 enters into force;
2. If it is a sports facility business requiring reporting that has been converted from a sports facility business requiring registration under the Installation and Utilization of Sports Facilities Act as amended by Act No. 7629.
Article 6 (Transitional Measures concerning Refund of Membership Fees and Other Relevant Matter)
Notwithstanding the amended provisions of subparagraph 2 of Article 19, the previous provisions shall apply to withdrawal from membership by registered members of a sports facility business or fee refunds for membership withdrawals pursuant to the previous provisions, as at the time the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 16701 enters into force.
Article 7 (Transitional Measures concerning Modifications to Business Plan for Existing Ski Resort)
In the case of a ski resort that has obtained approval for a business plan for the ski resort or obtained registration pursuant to the previous provisions, as at the time the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 18711 enters into force, the amended provisions of subparagraph 3 of Article 12 shall not apply with regard to any modifications to a business plan made without changing the size and boundaries of the relevant site.
Article 8 (Applicability to Number of Members to Recruit)
The amended provisions of Article 18 (2) 3 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 19686 shall apply, beginning with a person who obtains approval for a business plan on or after September 25, 2006.
Article 9 (Applicability to Submission of Member Recruitment Plans)
The amended provisions of Article 18-2 (1) of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act as amended by Presidential Decree No. 19686 shall apply, beginning with a person who submits a member recruitment plan on or after September 25, 2006.
Article 10 Omitted.
Article 11 (Relationship with Other Acts)
If any provision of the previous Enforcement Decree of the Installation and Utilization of Sports Facilities Act is cited by another statute as at the time this Decree enters into force, if a provision corresponding thereto exists in this Decree, the relevant provision of this Decree shall be deemed cited, in lieu of the previous provision.
ADDENDA <Presidential Decree No. 20428, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 20985, Sep. 3, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 8 and 9 shall enter into force on January 1, 2010.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 22116, Apr. 13, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22780, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of attached Table 4, the previous provisions shall apply when the criteria for imposition of administrative fines are applied with regard to any violation committed before this Act enters into force.
(2) Any imposition of an administrative fine issued before this Act enters into force shall not be included when counting the number of violations specified in the amended provisions of attached Table 4.
ADDENDUM <Presidential Decree No. 23016, Jul. 4, 2011>
This Decree shall enter into force on July 6, 2011.
ADDENDUM <Presidential Decree No. 23352, Dec. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23955, Jul. 17, 2012>
This Decree shall enter into force on July 18, 2012.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26457, Aug. 3, 2015>
This Decree shall enter into force on August 4, 2015.
ADDENDUM <Presidential Decree No. 27426, Aug. 2, 2016>
This Decree shall enter into force on August 4, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28544, Dec. 29, 2017>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29688, Apr. 16, 2019>
This Decree shall enter into force on April 17, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)