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SCHOOL SPORTS PROMOTION ACT

Act No. 11222, Jan. 26, 2012

Amended by Act No. 11690, Mar. 23, 2013

Act No. 13948, Feb. 3, 2016

Act No. 14763, Apr. 18, 2017

Act No. 17498, Oct. 20, 2020

 Article 1 (Purpose)
The purpose of this Act is to contribute to helping students to have a healthy and balanced body and mind, by prescribing matters necessary for promoting school sports, such as promoting the sports activities of students and fostering school sports teams.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term “school sports” means sports activities conducted for students at a school;
2. The term “school” means a kindergarten prescribed in subparagraph 2 of Article 2 of the Early Childhood Education Act or a school prescribed in Article 2 of the Elementary and Secondary Education Act;
3. The term “school sports team” means a sporting group at a school, comprised of student players;
4. The term “student player” means a student who plays any sport by belonging to a school sports team or who acts as a player by being registered in a sports organization prescribed in Article 33 or 34 of the National Sports Promotion Act;
5. The term “school sports club” means a sports club operated by a school, comprised of students in the same school who have an interest in sports activities;
6. The term “school sports team leader” means a person who instructs or supervises a school sports team by belonging to a school;
7. The term “sports instructor” means a professional sports instructor who assists with regular physical education classes and coaches a school sports club at an elementary school prescribed in subparagraph 2 of Article 2 of the Elementary and Secondary Education Act;
8. The term “school sports promotion agency” means an organization that conducts research, develops policies, provides training, etc. for promoting school sports.
 Article 3 (Policies and Encouragement for Promoting School Sports)
The State and local governments (including the superintendents of education) shall prepare measures necessary for promoting school sports and shall encourage, protect, and foster voluntary sports activities of students.
 Article 4 (Formulation of Basic Policies)
(1) The Minister of Education shall formulate and implement basic policies on the promotion of school sports every five years in consultation with the Minister of Culture, Sports and Tourism. <Amended on Mar. 23, 2013>
(2) The superintendent of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as “superintendent of education”) shall formulate and implement a plan for promoting school sports for the relevant local government in accordance with the basic policies formulated under paragraph (1).
 Article 5 (Cooperation)
Where necessary for formulating and implementing the policies formulated under Article 4, the Minister of Education and the Minister of Culture, Sports and Tourism may request the heads of local governments, the superintendents of education, and the heads of relevant agencies or organizations to cooperate therewith. In such cases, the heads of local governments, the superintendents of education, and the heads of relevant agencies or organizations shall comply with such request, except in extenuating circumstances. <Amended on Mar. 23, 2013>
 Article 6 (Measures for Promoting School Sports)
(1) The head of a school shall take the following measures to increase students’ fitness and promote their sports activities:
1. Operating a physical education curriculum faithfully and enhancing the quality of physical education classes;
2. Assessing the health and fitness of students pursuant to Article 8 and preparing measures for students diagnosed with obesity pursuant to Article 9;
3. Operating school sports clubs pursuant to Article 10 and school sports teams pursuant to Article 11;
4. Safeguarding student players’ right to learn and protecting their human rights;
5. Promoting the sports activities of female students;
6. Promoting the sports activities of infants and disabled students;
7. Holding school sports events regularly;
8. Promoting sports exchange activities, such as sports games between schools;
9. Enhancing and encouraging sports-related job training for teachers;
10. Prescribing other matters necessary for promoting school sports.
(2) The head of a school shall secure expenses incurred in implementing measures taken under paragraph (1), within the budgetary limits of the school.
(3) The Minister of Education and the superintendent of education shall supervise on a regular basis as to whether measures under paragraph (1) are taken appropriately, as prescribed by Presidential Decree. <Newly Inserted on Oct. 20, 2020>
 Article 7 (Establishment of School Sports Facilities)
(1) The State and local governments shall expand infrastructure necessary for the sports activities of students, such as playgrounds and gymnasiums.
(2) The head of a school shall secure physical education materials and equipment, sporting goods, etc. necessary for promoting sports activities of students, as prescribed by the Minister of Education. <Amended on Mar. 23, 2013>
(3) The head of a school may install and manage visual data processing devices defined in subparagraph 7 of Article 2 of the Personal Information Protection Act at major points related to sports facilities of the school which are likely to violate human rights, such as violence against students and sexual violence, as prescribed by Presidential Decree. <Newly Inserted on Oct. 20, 2020>
(4) Except as prescribed in this Act, matters concerning the installation and management of visual data processing device shall be governed by the Personal Information Protection Act. <Amended Oct. 20, 2012>
(5) Matters necessary for expanding infrastructure for sports activities pursuant to paragraph (1) and securing physical education materials and equipment, sporting goods, etc. pursuant to paragraph (2) shall be prescribed by Ordinance of the Ministry of Education. <Amended on Mar. 23, 2013; Oct. 20, 2020>
 Article 8 (Formulation and Execution of Implementation Plans for Assessment of Health and Fitness of Students)
(1) In an effort to measure the health and fitness status of students, the State shall formulate an implementation plan for assessing the health and fitness of students by no later than the end of March annually, and the head of a school shall conduct such assessment in accordance with the implementation plan.
(2) The head of a school that has assessed the health and fitness of students pursuant to paragraph (1) shall register the assessment results in an educational information system and notify the relevant students and their parents of such results.
(3) The assessment of the health and fitness of students prescribed in paragraph (1) may be entrusted to a university or college prescribed in the Higher Education Act, a specialized institution or organization, etc.
(4) Where the assessment of the health and fitness of students has been conducted pursuant to paragraphs (1) through (3), a physical ability examination shall be deemed administered from among health examinations prescribed in Article 7 of the School Health Act.
(5) Matters necessary for the timing for, methods for, and items of assessment of the health and fitness of students, the registration of the assessment results, and qualifications, etc. for a university or college, a specialized institution or organization, etc. that may be entrusted with such assessment prescribed in paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Education. <Amended on Mar. 23, 2013>
 Article 9 (Operation of Health and Fitness Classes)
(1) The head of a school shall operate regular or irregular programs to improve the health and fitness of students who have been diagnosed with low fitness level or obesity in the assessment of the health and fitness of students prescribed in Article 8 (hereinafter referred to as “health and fitness classes”).
(2) Matters necessary for establishing and operating health and fitness classes, etc. shall be prescribed by Ordinance of the Ministry of Education. <Amended on Mar. 23, 2013>
 Article 10 (Operation of School Sports Clubs)
(1) The head of a school shall increase the opportunity for students to participate in sports activities, by operating school sports clubs to encourage students’ participation in physical activity programs.
(2) Where the head of a school operates school sports clubs pursuant to paragraph (1), he/she shall designate teachers exclusively in charge of such clubs.
(3) A prescribed guidance allowance shall be paid to teachers exclusively in charge of school sports clubs prescribed in paragraph (2), within the budgetary limits of the relevant school.
(4) The head of a school shall enter the details of school sports club activities in students’ school records in order to make such details usable as data for students’ entrance to a school of higher grade.
(5) The head of a school shall operate at least a certain percentage of school sports clubs as those for the sports preferred by female students of the relevant school. <Newly Inserted on Feb. 3, 2016>
 Article 11 (Operation of School Sports Teams)
(1) Where a student player has failed to reach a certain level of academic achievement standards (hereinafter referred to as “minimum academic achievement”), the head of the relevant school shall endeavor to ensure the student player’s minimum academic achievement, by separately operating a program to guarantee the achievement of basic academic skills, and may limit the student player’s participation in sports games if necessary.
(2) Matters necessary for the minimum academic achievement standards and the timing for the implementation thereof, and matters necessary for the operation, etc. of a program to guarantee the achievement of basic academic skills shall be prescribed by Ordinance of the Ministry of Education. <Amended on Mar. 23, 2013>
(3) The head of a school shall endeavor to eradicate regular camp training during a semester in order to ensure that student players have the right to learn and can promote their physical and emotional development.
(4) The head of a school may operate a dormitory for student players who commute a long distance to a school. In such cases, necessary matters shall be prescribed by Ordinance of the Ministry of Education. <Amended on Mar. 23, 2013>
(5) The head of a school shall manage donations related to school sports teams, after including such donations in the school accounting established pursuant to Article 30-2 of the Elementary and Secondary Education Act.
(6) The State and local governments may provide financial support within budgetary limits to cover expenses incurred regarding operation of school sports teams.
 Article 12 (School Sports Team Leaders)
(1) The head of a school may appoint a leader to a school sports team (hereinafter referred to as “school sports team leader”) in order to train and instruct student players.
(2) The State shall formulate and implement a training and education plan in order to improve the quality of school sports team leaders and enhance their expertise. In such cases, such training and education may be entrusted to a relevant organization.
(3) The State and local governments shall endeavor to provide financial support to cover expenses incurred in paying remuneration to school sports team leaders, and the head of a school shall disburse expenses incurred in appointing school sports team leaders, after reflecting such expenses in the school accounting established pursuant to Article 30-2 of the Elementary and Secondary Education Act.
(4) Where a school sports team leader has deprived student players of the right to learn or has conducted improper acts such as exercising violence or offering or accepting money, valuables, or entertainment, the head of the relevant school may terminate a contract with the school sports team leader after deliberation by the school management committee.
(5) The superintendent of education shall establish a school sports team leaders management committee to provide guidance, etc. to school sports team leaders.
(6) Where the head of a school has unfairly terminated a contract with a school sports team leader on grounds other than those referred to in paragraph (4), the superintendent of education may revoke the termination of the relevant contract after deliberation by the school sports team leaders management committee.
(7) Other matters necessary for the qualifications, appointment, remuneration, status, duties, etc. of school sports team leaders shall be prescribed by Presidential Decree.
 Article 12-2 (Anti-Doping Education)
(1) The State and local governments shall provide anti-doping education to student players and school sports team leaders in order to prevent doping (referring to doping under subparagraph 10 of Article 2 of the National Sports Promotion Act; hereinafter the same shall apply).
(2) Matters necessary for the methods, procedures, etc. for anti-doping education provided under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 18, 2017]
 Article 12-3 (Human Rights Education in Sports)
(1) The State and local governments shall provide human rights education in sports for student players and school sports team leaders in order to protect the human rights of student players.
(2) Where the human rights of student players, such as violence or sexual violence, are infringed, the State and local governments shall take psychological treatment and safety measures for the student players and school sports team leaders.
(3) Matters necessary for human rights education in sports, psychological treatment and safety measures pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Oct. 20, 2020]
 Article 13 (Placement of Sports Instructors)
(1) To increase students’ interest in physical education classes and promote their sports activities, the State and local governments may place a sports instructor in an elementary school referred to in subparagraph 2 of Article 2 of the Elementary and Secondary Education Act.
(2) Matters necessary for the qualifications, appointment, etc. of sports instructors prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 13-2 (Support for Promotion of Sports Activities of Female Students)
(1) The Minister of Education shall formulate basic guidelines necessary for promoting sports activities of female students and notify the superintendents of education and the heads of schools thereof, and the heads of schools shall formulate and implement plans for promoting sports activities of female students annually in accordance with such guidelines.
(2) The Minister of Education may evaluate the formulation and implementation of plans prescribed in paragraph (1) and specially provide subsidies prescribed in the Local Education Subsidy Act, as prescribed by Presidential Decree, after reflecting the results of such evaluation.
(3) The State and local governments shall have facilities necessary to support promotion of sports activities of female students.
(4) To support the promotion of sports activities of female students, the Minister of Education shall separately formulate the standards for securing physical education materials and equipment, sporting goods, etc.
(5) The methods for and items of evaluation conducted under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Education.
[This Article Newly Inserted on Feb. 3, 2016]
 Article 14 (Support for Sports Activities of Infants and Disabled Students)
(1) The State and local governments shall operate an appropriate sports activities program for infants who attend a kindergarten established pursuant to Article 8 of the Early Childhood Education Act and for persons eligible for special education who are placed in a regular or special school pursuant to Article 17 of the Act on Special Education for Persons with Disabilities, Etc.
(2) The head of a kindergarten and the head of a school may entrust the operation of a sports activities program prescribed in paragraph (1) to a relevant organization prescribed by Presidential Decree, or an athletic department at a university or college prescribed in subparagraph 1 of Article 2 of the Higher Education Act, etc.
 Article 15 (Provision and Subsidization of Expenses)
The State and local governments may provide financial support within budgetary limits to cover expenses incurred in promoting school sports.
 Article 16 (School Sports Promotion Committee)
(1) To deliberate on important matters concerning promoting school sports, the central school sports promotion committee shall be established and operated under the jurisdiction of the Minister of Education and the Minister of Culture, Sports and Tourism, and regional school sports promotion committees shall be established and operated under the jurisdiction of each City/Do and their Offices of Education, or each Si/Gun/Gu and their District Offices of Education. <Amended on Mar. 23, 2013>
(2) Where necessary for performing duties, the central school sports promotion committee and regional school sports promotion committees may require the attendance of relevant public officials or relevant experts with professional knowledge or experience in order to hear their opinions, or may request related institutions, organizations, etc. to submit data or opinions or provide other cooperation.
(3) The central school sports promotion committee and regional school sports promotion committees shall have at least a certain percentage of female members. <Newly Inserted on Feb. 3, 2016>
(4) Matters necessary for the organization, operation, etc. of the central school sports promotion committee shall be prescribed by Presidential Decree, and those necessary for the organization, operation, etc. of a regional school sports promotion committee shall be prescribed by ordinance of the relevant City/Do. <Amended on Feb. 3, 2016>
 Article 17 (School Sports Promotion Agency)
(1) The School Sports Promotion Agency may be established under the jurisdiction of the Minister of Education in order to conduct the following business and activities: <Amended on Mar. 23, 2013; Feb. 3, 2016>
1. Research on policies for promoting school sports;
2. Development and dissemination of programs for sports activities;
3. Systematic collection and analysis of statistics on students’ fitness;
4. Development and operation of the items of, and standards for, assessment of the health and fitness of students prescribed in Article 8, and a system for such assessment;
5. Support for promoting sports activities of female students;
6. Other matters necessary for promoting school sports.
(2) Matters necessary for the organization, operation, etc. of the School Sports Promotion Agency prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 18 (Cooperation with Local Communities)
Where necessary for promoting school sports, the head of a school may request cooperation from the heads of relevant agencies or organizations in the region in which the school is located.
 Article 19 (Delegation of Authority)
The Minister of Education may delegate a part of his/her authority vested under this Act to the superintendents of education, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
ADDENDUM <Act No. 11222, Jan. 26, 2012>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13948, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 13-2 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Expansion of School Sports Infrastructure for Promoting Sports Activities of Female Students)
The amended provisions of Article 13-2 (3) shall apply, beginning with the first formulation of a facility expansion plan after the same amended provisions enter into force.
Article 3 (Transitional Measures concerning Organization of Members of School Sports Promotion Committees)
Notwithstanding the amended provisions of Article 16 (3), the former provisions shall apply to the members of any school sports promotion committee organized pursuant to the former provisions as at the time this Act enters into force.
ADDENDUM <Act No. 14763, Apr. 18, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17498, Oct. 20, 2020>
This Act shall enter into force six months after the date of its promulgation.