SPORTS INDUSTRY PROMOTION ACT
Act No. 8333, Apr. 6, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 10002, Feb. 4, 2010
Act No. 13967, Feb. 3, 2016
Act No. 16998, Feb. 11, 2020
Act No. 17714, Dec. 22, 2020
The purposes of this Act are to create the foundation for the sports industry; to strengthen its competitiveness; to yield more opportunities for people to make good use of their leisure time through sports; and to contribute to a sound development of the national economy, by prescribing matters necessary to promote the sports industry.
The terms used in this Act are defined as follows:
| 1. | The term "sports" means any sociocultural behavior, mainly featuring physical activities conducted on a voluntary basis to maintain a healthy body and develop a sound mind for the purpose of improving the quality of life; |
| 2. | The term "sports industry" means an industry that creates added value through sports-related goods and services; |
| 3. | The term "sports industry promotion facility" means any facility designated pursuant to Article 11 (1) to collectively accommodate business entities in the sports industry, support facilities, etc. |
| Article 3 (Relationship to Other Statutes) |
Except as otherwise expressly provided for in other Acts, this Act shall apply to the promotion of the sports industry.
| Article 4 (Responsibilities of State and Local Governments) |
| (1) | The State and local governments shall develop and implement policies necessary to promote the sports industry. |
| (2) | To promote the sports industry, the State and local governments shall make efforts necessary to develop and research relevant technology, support research programs, and establish a cooperative system with foreign countries and international organizations related to the sports industry. |
| Article 5 (Formulation of Master Plans) |
| (1) | The Minister of Culture, Sports and Tourism shall establish and implement a fundamental and comprehensive mid- to long-term plan to promote the sports industry (hereinafter referred to as "master plan") and a detailed action plan for each field of the sports industry and for each period (hereinafter referred to as "detailed action plan"). |
| (2) | A master plan shall include the following: <Amended on Dec. 22, 2020> |
| 1. | Basic direction for the promotion of the sports industry; |
| 2. | Matters relating to creating the foundation for boosting the sports industry; |
| 3. | Matters relating to training experts in the sports industry; |
| 4. | Matters relating to strengthening the competitiveness of the sports industry; |
| 5. | Matters relating to financing activities for promoting the sports industry; |
| 6. | Matters relating to inter-country cooperation in the sports industry; |
| 7. | Matters relating to the promotion of, and support for, professional sports; |
| 8. | Safety, sanitation, and prevention control regarding infectious diseases, etc. of sports industry-related facilities; |
| 9. | Other matters prescribed by Presidential Decree, which are necessary to promote the sports industry. |
| (3) | The Minister of Culture, Sports and Tourism shall consult the heads of relevant administrative agencies to establish or implement the master plan and detailed action plan. |
| (4) | The Minister of Culture, Sports and Tourism may request necessary cooperation from relevant administrative agencies, local governments, public institutions, research institutes, universities, private enterprises, individuals, and other entities, in order to establish and implement the master plan and detailed action plan. |
| (5) | Other matters relating to the master plan and detailed action plans shall be prescribed by Presidential Decree. |
| Article 6 (Measures and Support to Strengthen Competitiveness) |
| (1) | The Minister of Culture, Sports and Tourism may provide financial support for public institutions, organizations, and business entities in the sports industry within budgetary limits, if they intend to take measures to strengthen the competitiveness of the sports industry in accordance with the master plan and detailed action plan. |
| (2) | The Minister of Culture, Sports and Tourism shall consult the heads of relevant administrative agencies to provide financial support, etc. pursuant to paragraph (1). |
| Article 7 (Surveys on Actual Conditions) |
| (1) | The Minister of Culture, Sports and Tourism shall conduct fact-finding surveys on the sports industry on a regular basis for efficient establishment and implementation of the master plan and detailed action plan. |
| (2) | The scope and method of fact-finding surveys referred to in paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 8 (Implementation of Research and Development) |
| (1) | The Minister of Culture, Sports and Tourism may establish and implement the policy on research development for the sports industry and may provide financial support or make contributions to cover the expenses associated with such technological development, within budgetary limits. <Amended on Dec. 22, 2020> |
| (2) | For the efficient implementation of research and development projects, the Minister of Culture, Sports and Tourism may designate an institution fully or partially performing the duties related to research and development projects as a specialized institution under Article 22 (2) of the National Research and Development Innovation Act. <Amended on Dec. 22, 2020> |
| (3) | Matters necessary to promote research development, etc. under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
[Title Amended on Dec. 22, 2020]
| Article 9 (Training Experts in Sports Industry) |
| (1) | The State and local governments shall endeavor to train experts necessary to promote the sports industry. |
| (2) | The Minister of Culture, Sports and Tourism may designate and operate a training institution for experts in the sports industry, as prescribed by Presidential Decree, in order to train experts pursuant to paragraph (1). |
| (3) | The State and local governments may grant subsidies to a training institution for experts in the sports industry, which is designated under paragraph (2), to help cover the expenses for providing training services, as prescribed by Presidential Decree. |
| (4) | Other matters necessary to train experts in the sports industry shall be prescribed by Presidential Decree. |
| Article 10 (Support for Business Startups) |
The Minister of Culture, Sports and Tourism may develop policies necessary to encourage business startups and to create jobs related to the sports industry; and may provide funds necessary to conduct related programs, within budgetary limits.
| Article 11 (Designation of Sports Industry Promotion Facilities) |
| (1) | To promote the sports industry, the Minister of Culture, Sports and Tourism may designate a public sports facility, which is owned by a local government and meets the following requirements for designation, as a sports industry promotion facility after consulting the head of the local government. In this case, the Minister of Culture, Sports and Tourism may fully or partially subsidize expenses incurred in the establishment, repair, etc. of the facility: |
| 1. | The number of business entities in the sports industry, which have taken occupancy in such facility, shall be at least the number prescribed by Ordinance of the Ministry of Culture, Sports and Tourism; |
| 3. | Common-use spaces, such as communal conference rooms and rooms for common-use equipment, shall be available for use by the tenant business entities. |
| (2) | The head of a local government, which intends to have its public sports facilities designated as sports industry promotion facilities pursuant to paragraph (1), shall apply for designation to the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraph (2), the Minister of Culture, Sports and Tourism may preferentially designate the home ground of a professional sport team in a local government as a sports industry promotion facility after consulting with the head of the local government, if deemed necessary to promote the professional sports. |
| (4) | Designation of sports industry promotion facilities, support therefor, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 12 (Revocation of Designation as Sports Industry Promotion Facilities) |
The Minister of Culture, Sports and Tourism may revoke the designation as a sports industry promotion facility made under Article 11 (1), as prescribed by Presidential Decree, if the sports industry promotion facility has failed to meet any of the designation requirements.
| Article 13 (Lending, etc. of State or Public Property) |
| (1) | If deemed necessary to designate and operate sports industry promotion facilities pursuant to Article 11 (1), the State or local governments may permit the lease or use of, or profiting from, state or public property, or sell state or public property to a third person through a negotiated contract, notwithstanding the State Property Act or Public Property and Commodity Management Act. |
| Article 14 (Designation of Sports Industry Support Centers) |
| (1) | The Minister of Culture, Sports and Tourism may designate any the following as a sports industry support center (hereinafter referred to as "support center") for the development of the sports industry: |
| 1. | National and public research institutes; |
| 4. | Other institutions prescribed by Ordinance of Ministry of Culture, Sports and Tourism. |
| (2) | A support center shall perform the following duties: |
| 1. | Duties relating to cooperation with local governments for the development of the sports industry; |
| 2. | Duties relating to support for the development of enterprises in the sports industry, such as consultation. |
| (3) | The Minister of Culture, Sports and Tourism may revoke the designation of a support center, if the support center has failed to faithfully perform its duties provided for in paragraph (2). |
| (4) | Procedures for the designation of support centers, and for the revocation of such designation, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 15 (Support to Improve Quality) |
| (1) | The Minister of Culture, Sports and Tourism may provide support necessary to improve the products related to the sports industry for the promotion of the sports industry and technological development. |
| (2) | The Minister of Culture, Sports and Tourism may provide funding necessary to improve quality of the products under paragraph (1), in terms of equipment, human resources, and expenses. |
| Article 16 (Investments in Sports Industry) |
The State may invest in the following funds or companies within budgetary limits, as prescribed by Presidential Decree, in order to boost investments in the sports industry: <Amended on Feb. 11, 2020>
| 2. | Deleted; <Feb. 11, 2020> |
| 3. | Other funds or companies that invest in, or are established for the purpose of investing in, sports businesses or the sports industry. |
| Article 17 (Nurturing Professional Sports) |
| (1) | The State and local governments may establish policies necessary to nurture professional sports in order to facilitate the development of the sports industry and to help people enjoy sound leisure activities. |
| (2) | A local government or a public institution provided for in Article 4 of the Act on the Management of Public Institutions may invest in, or contribute to, the foundation of a professional sports team, as prescribed by Presidential Decree, to nurture professional sports; and may subsidize a project for creating a professional sports team if necessary to encourage professional sports. |
| (3) | Notwithstanding Article 21 (1) and Article 27 (1) of the Public Property and Commodity Management Act, a local government may permit the use of, or profiting from, public property for a specified period of up to 25 years to the extent not detrimental to the purpose or use of the public property, or may entrust the management of such public property to a third party, if deemed necessary to ensure efficient use of public sports facilities and promote professional sports. |
| (4) | Where the head of a local government permits the use of or profits from public property pursuant to paragraph (3), he/she may determine the fee for using the public property, payment methods of such fee, and other related matters, as prescribed by Presidential Decree, notwithstanding Article 22 of the Public Property and Commodity Management Act. |
| (5) | Where the use of or profits from public property is permitted pursuant to paragraph (3), the terms and conditions for using or profiting from the public property shall be imposed to prevent any detriment to the purpose and use of such public property, as prescribed by Presidential Decree. |
| (6) | Where the head of a local government permits a professional sports team to use sports facilities (including facilities constructed, repaired, or maintained with private capital) as its home ground; to profit therefrom; or entrusts the management thereof to the professional sports team, he/she may enter into a negotiated contract preferentially with the professional sports team (including a private investor if such facilities are constructed with private capital and the investor provides the facilities for the professional sport team as its home ground) on the sports facilities and appurtenant facilities, as prescribed by Presidential Decree, notwithstanding Articles 20 and 27 of the Public Property and Commodity Management Act. |
| (7) | Notwithstanding Article 20 (3) of the Public Property and Commodity Management Act, a professional sports team permitted to use or profit from public property pursuant to paragraph (6) may allow a third person to use or profit from the public property to the extent that any terms and conditions of the use or profiting from the public property is not violated, with the approval of the relevant local government. |
| (8) | A professional sports team permitted to use or profit from public property or entrusted with the management of public property pursuant to paragraph (6) may repair or maintain the relevant sports facilities on its own, if necessary: Provided, That the professional sport team shall obtain approval from the head of the relevant local government if such repair or maintenance is a large-scale repair or maintenance prescribed by Presidential Decree, which leads to changes in the original condition of the public property. |
| (9) | A local government may fully or partially subsidize such repair or maintenance under paragraph (8). |
| Article 18 (Protection of Athletes’ Rights and Interests) |
To protect athletes’ rights and interests and to ensure the sound development of the sports industry, the Minister of Culture, Sports and Tourism shall establish necessary policies, including creating fair business practices. <Amended on Dec. 22, 2020>
| Article 18-2 (Formulation and Dissemination of Standard Form of Contract) |
| (1) | The Minister of Culture, Sports and Tourism shall prepare a standard form contract related to professional sports and disseminate it to professional sports teams in order to protect the rights and interests of players and establish fair business order in the sports industry. |
| (2) | Where the Minister of Culture, Sports, and Tourism formulates or amends a standard form contract prescribed by paragraph (1), the Minister shall consult with the Fair Trade Commission and hear opinions from interested parties and experts. |
| (3) | The Minister of Culture, Sports and Tourism may recommend the professional sports team to use a standard-form contract under paragraph (1). |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 19 (Supports for International Exchanges and Entry into Overseas Markets) |
| (1) | The Minister of Culture, Sports and Tourism may provide support for the following activities in order to strengthen the competitiveness of the domestic sports industry and to facilitate sports industry-related products’ entry into overseas markets: |
| 1. | Joint production with foreign countries; |
| 2. | Overseas marketing or public relations activities through broadcasting, the Internet, or other media; |
| 3. | Attraction of foreign investments; |
| 4. | Establishing an export-related cooperation system; |
| 5. | Other affairs to strengthen the competitiveness of the sports industry and to facilitate entry into overseas markets. |
| (2) | To support the activities provided for in paragraph (1) efficiently, the Minister of Culture, Sports and Tourism may entrust them to relevant agencies or organizations prescribed by Presidential Decree or may authorize the relevant agencies or organizations to serve as an agent, and may subsidize expenses incurred therein. |
| Article 20 (Establishment of Trade Associations) |
Business entities in the sports industry may establish an association by type of business upon authorization by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree, in order to promote the sports industry and to enhance their cooperation.
The Minister of Culture, Sports and Tourism shall hold a hearing before revoking the designation of a sports industry promotion facility pursuant to Article 12, or revoking the designation of a support center pursuant to Article 14 (3).
| Article 22 (Delegation and Entrustment of Authority) |
The Minister of Culture, Sports and Tourism may delegate part of his/her authority under this Act to the Special Metropolitan City Mayor, the Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, and the Special Self-Governing Province Governor, or entrust such authority to an agency, corporation, or organization established for the purpose of promoting the sports industry, as prescribed by Presidential Decree.
| (1) | The Minister of Culture, Sports and Tourism may award a prize to individuals, organizations, enterprises, or other entities to reward their substantial contribution to the development of the sports industry. |
| (2) | Other matters necessary for awarding the prize under paragraph (1) shall be prescribed by Presidential Decree. |
ADDENDA <Act No. 13967, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Activities done by, or against, administrative agencies under the former provisions as of the time this Act enters into force shall be deemed activities done by, or against, the corresponding administrative agencies under this Act.
ADDENDA <Act No. 16998, Feb. 11, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 17714, Dec. 22, 2020>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 8 shall enter into force one month after the date of its promulgation, and the amended provisions of Article 18-2 shall enter into force three months after the date of its promulgation.