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ACT ON PROMOTION OF E-SPORTS (ELECTRONIC SPORTS)

Act No. 11315, Feb. 17, 2012

Amended by Act No. 13971, Feb. 3, 2016

Act No. 16063, Dec. 24, 2018

Act No. 17414, jun. 9, 2020

 Article 1 (Purpose)
The purpose of this Act is to establish infrastructure for the culture and industry of e-sports, enhance competitiveness in e-sports, and contribute to increasing people's opportunities to enjoy leisure time with e-sports and the robust development of the national economy by providing for matters necessary to promote e-sports.
 Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows: <Amended on Dec. 24, 2018>
1. The term "e-sports" means games in which players compete with one another for a score or for victory with game products defined in subparagraph 1 of Article 2 of the Game Industry Promotion Act and activities incidental to such competitions;
2. The term "professional e-sports" means e-sports activities of e-sports players;
3. The term "e-sports for all" means voluntary and daily e-sports activities for enjoying leisure time and promoting friendship;
4. The term "e-sports industry" means the industry of creating added value with goods and services relating to e-sports;
5. The term "e-sports facilities" means facilities where incidental activities, such as games, viewing, and telecast related to e-sports, can be conducted;
6. The term "e-sports player" means a person registered with an e-sports organization as stipulated by the organization;
7. The term "e-sports organization" means a corporation or organization established for the purpose of engaging in activities or a business relating to e-sports.
 Article 3 (Relationship to Other Statutes)
Except as otherwise expressly prescribed in any other Act, the promotion of e-sports shall be governed by provisions of this Act.
 Article 4 (Responsibilities of State and Local Governments)
The State and local governments shall establish and implement policies necessary to promote e-sports.
 Article 5 (Promotion of Local e-Sports)
In order to invigorate e-sports activities so that local residents enjoy leisure time and promote amity among themselves, a local government may create an environment for e-sports facilities, etc. establish and operate e-sports organizations, and hold e-sports events.
 Article 6 (Formulation of Master Plans)
(1) In order to achieve the purpose of this Act, the Minister of Culture, Sports and Tourism shall formulate and implement a master plan as a basic and comprehensive plan for the medium/long-term promotion of e-sports (hereinafter referred to as "master plan") and an annual implementation plan for each type of e-sports in detail (hereinafter referred to as "implementation plan").
(2) A master plan shall include the following: <Amended on Dec. 24, 2018>
1. Basic direction of the promotion of e-sports;
2. Establishment of infrastructure for invigorating e-sports;
3. Training of professional human resources for e-sports and the maximization of rights and interests of such human resources;
4. Promotion of international tournaments and events relating to e-sports and international cooperation and exchange in e-sports;
5. Securing of financial resources for promoting e-sports;
6. Nurturing of, and support to, professional e-sports and assistance in expanding the base for e-sports for all and invigorating e-sports for all;
7. Promotion of scientific activities for e-sports and the creation of the infrastructure therefor;
8. Establishment and improvement of e-sports facilities;
9. Other matters specified by Presidential Decree as necessary to promote e-sports.
(3) If the Minister of Culture, Sports and Tourism deems it necessary to formulate and execute a master plan or implementation plan, he or she may request a relevant administrative agency, local government, public institution, research institute, university, private enterprise, or individual to cooperate in formulating and executing such plan as necessary.
 Article 7 (Fact-Finding surveys)
(1) The Government shall conduct fact-finding surveys on e-sports in order to establish and implement policies on e-sports and publish the results thereof. <Amended on Feb. 3, 2016>
(2) If the Minister of Culture, Sports and Tourism deems it necessary for a survey on actual conditions under paragraph (1), he or she may request a public institution, business entity, corporation, or organization involved in e-sports to submit data or present its opinion. Upon receipt of a demand to submit data or present an opinion in such cases, a public institution, business entity, corporation, or organization involved in e-sports shall cooperate as requested, in the absence of special circumstances to the contrary. <Amended on Feb. 3, 2016>
(3) Matters necessary for surveys on actual conditions under paragraph (1) shall be prescribed by Presidential Decree.
 Article 7-2 (Formulation and Dissemination of Standard Contract Forms)
(1) The Minister of Culture, Sports and Tourism shall prepare a standard contract form related to professional e-sports services and disseminate it to business entities in the field of e-sports and e-sports organization.
(2) Where the Minister of Culture, Sports, and Tourism formulates or amends a standard contract form prescribed by paragraph (1), he or she shall consult with the Fair Trade Commission and gather consensus from interested parties and specialists.
(3) The Minister of Culture, Sports and Tourism may recommend business entities in the field of e-sports and e-sports organizations to use a standard contract form under paragraph (1).
[This Article Newly Inserted on Jun. 9, 2020]
 Article 8 (Financial Support)
(1) The State and local governments shall endeavor to secure funds required for effectively implementing the master plan and implementation plan.
(2) When a public institution, an e-sports organization, or a business entity engaged in e-sports intends to take a measure aimed at enhancing the competitiveness of e-sports according to the relevant master plan or implementation plan, the Minister of Culture, Sports and Tourism may fully or partially subsidize such institution, organization, or business entity, within budgetary limits, for expenses incurred therein.
(3) If the Minister of Culture, Sports and Tourism deems it necessary to promote e-sports, he or she may establish e-sports facilities or improve existing facilities, in consultation with the head of a local government. In such cases, the Minister of Culture, Sports and Tourism may, within the budget, provide support to cover all or some of necessary expenses. <Amended on Dec. 24, 2018>
(4) In order to promote the dissemination of e-sports facilities, the Minister of Culture, Sports and Tourism may designate a business place of a business of providing Internet computer game facilities defined in subparagraph 7 of Article 2 of the Game Industry Promotion Act as an e-sports facility according to standards and procedures prescribed by Presidential Decree in consideration of conditions of location, facilities, etc. and may fully or partially subsidize expenses incurred in promoting such facility. <Newly Inserted on Dec. 24, 2018>
(5) Where an e-sports facility designated pursuant to paragraph (4) falls under any of the following cases, the Minister of Culture, Sports and Tourism may revoke the designation as prescribed by Presidential Decree: <Newly Inserted on Dec. 24, 2018>
1. Where an e-sports facility has obtained the designation by fraud or other improper means;
2. Where an e-sports facility no longer meets the criteria for designation prescribed by Presidential Decree.
(6) Matters necessary for, among other things, the scope and methods of support shall be prescribed by Presidential Decree. <Amended on Dec. 24, 2018>
 Article 9 (Advisory Committee for Promotion of e-Sports)
(1) The Minister of Culture, Sports and Tourism may establish an advisory committee for the promotion of e-sports (hereinafter referred to as the "Committee") to seek advice from the Committee.
(2) Matters necessary for the organization and operation of the Committee shall be prescribed by Presidential Decree.
 Article 10 (Training of Professional Human Resources for e-Sports)
(1) The Minister of Culture, Sports and Tourism shall endeavor to train professional human resources for e-sports, including those for games, broadcasting, and research, as necessary to promote e-sports.
(2) In order to train professional human resources pursuant to paragraph (1), the Minister of Culture, Sports and Tourism may designate a university as defined in the Higher Education Act or other institution deemed necessary as an institution for training professional human resources for e-sports, as prescribed by Presidential Decree.
(3) The Minister of Culture, Sports and Tourism may fully or partially subsidize an institution designated for training professional human resources for e-sports, pursuant to paragraph (2), within budgetary limits, for expenses incurred therein, as prescribed by Presidential Decree.
(4) Other matters necessary for training professional human resources for e-sports shall be prescribed by Presidential Decree.
 Article 11 (Development of and Support for e-Sports Events)
The Minister of Culture, Sports and Tourism may develop and support e-sports events in accordance with the guidelines prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 12 (Support for Diversification of Games)
(1) In order to promote the diversification of e-sports games, the Minister of Culture, Sports and Tourism may designate an institution responsible for the selection of games and may authorize the institution to select e-sports games.
(2) If an institution responsible for the selection of games under paragraph (1) fails to meet the requisites for designation, the Minister of Culture, Sports and Tourism may revoke the designation thereof, as prescribed by Presidential Decree.
(3) Matters necessary for the requisites for the designation of an institution responsible for the selection of games under paragraph (1), the procedures for filing an application for designation, operating such institution, and selecting games, the subject matter eligible for the selection of games, the standards for the selection of games, and the procedure for filing an application for the selection of games shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 13 (Designation of e-Sports Industry Support Centers)
(1) In order to develop the e-sports industry, the Minister of Culture, Sports and Tourism may designate an institution that falls under any of the following subparagraphs as an e-sports industry support center (hereinafter referred to as "support center"):
1. A national or public research institute;
2. A university, college, or junior college as defined in the Higher Education Act;
3. Other institutions specified by Ordinance of the Ministry of Culture, Sports and Tourism.
(2) The support center shall perform the following functions:
1. Cooperation with local governments for the development of the e-sports industry;
2. Research and development for the development of the e-sports industry and counseling services and support therefor.
(3) If a support center fails to perform its functions under paragraph (2) in good faith, the Minister of Culture, Sports and Tourism may cancel the designation.
(4) Other matters necessary for the designation of support centers and the cancellation of such designation shall be prescribed by Presidential Decree.
 Article 14 (Assistance in International Exchange and Overseas Publicity)
(1) In order to invigorate international exchanges of e-sports, the Government may provide necessary assistance to the following institutions or organizations relating to e-sports: <Amended on Jun. 9, 2020>
1. The International e-Sports Federation;
2. An institution or organization, the capital of which is partially funded by the Government.
3. Other institution or organization established for the purpose of promoting e-sports.
(2) In order to enhance the competitiveness of domestic e-sports and invigorate the expansion of overseas markets, the Government may implement programs for overseas publicity.
(3) In order to efficiently support a program implemented pursuant to paragraph (1), the Minister of Culture, Sports and Tourism may entrust a relevant institution or organization specified by Presidential Decree with such program or may authorize such institution or organization to implement such program vicariously and may subsidize such institution or organization, within budgetary limits, for expenses incurred therein.
 Article 15 (Promotion of Professional e-Sports and e-Sports for All)
In order to promote the development of e-sports and facilitate healthy leisure activities for people, the State shall seek measures necessary to promote professional e-sports and e-sports for all.
 Article 16 (Hearings)
When the Minister of Culture, Sports and Tourism intends to make a disposition under either of the following subparagraphs, he or she shall hold a hearing:
1. Revocation of designation of an institution responsible for the selection of games under Article 12 (2);
2. Cancellation of designation of a support center under Article 13 (3).
 Article 17 (Delegation and Entrustment of Authority)
The Minister of Culture, Sports and Tourism may delegate part of his or her authority under this Act to the Special Metropolitan City Mayor or a Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor or may partially entrust his or her authority under this Act to an institution, corporation, or organization established for the promotion of e-sports, as prescribed by Presidential Decree.
 Article 18 (Reward)
(1) The Minister of Culture, Sports and Tourism may select individuals, organizations, enterprises, etc. that have significantly contributed to the development of e-sports to reward them for their contributions.
(2) Other matters necessary for the guidelines for the selection for rewards under paragraph (1) shall be prescribed by Presidential Decree.
ADDENDA <Act No. 11315, Feb. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 13971, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16063, Dec. 24, 2018>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 17414, Jun. 9, 2020>
This Act shall enter into force three months after the date of its promulgation.