NATIONAL SPORTS PROMOTION ACT
Wholly Amended by Act No. 8344, Apr. 11, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9490, Mar. 18, 2009
Act No. 9976, Jan. 27, 2010
Act No. 10557, Apr. 5, 2011
Act No. 11309, Feb. 17, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12348, Jan. 28, 2014
Act No. 12690, May 28, 2014
Act No. 12856, Dec. 23, 2014
Act No. 13246, Mar. 27, 2015
Act No. 13302, May 18, 2015
Act No. 13959, Feb. 3, 2016
Act No. 14202, May 29, 2016
Act No. 14426, Dec. 20, 2016
Act No. 14624, Mar. 21, 2017
Act No. 15261, Dec. 19, 2017
Act No. 16225, Jan. 15, 2019
Act No. 16931, Feb. 4, 2020
Act No. 17400, jun. 9, 2020
Act No. 17480, Aug. 18, 2020
Act No. 17592, Dec. 8, 2020
Act No. 17580, Dec. 8, 2020
Act No. 18380, Aug. 10, 2021
Act No. 18378, Aug. 10, 2021
Act No. 18760, Jan. 18, 2022
Act No. 18808, Feb. 3, 2022
Act No. 19234, Mar. 14, 2023
Act No. 19479, jun. 20, 2023
Act No. 19701, Sep. 14, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote national sports to enhance the physical strength of the people, enhance solidarity through sports activities, protect the human rights of athletes with a fair sports spirit, and contribute to the realization of a healthy community by enhancing the happiness and pride of the people. <Amended on Aug. 18, 2020>
The terms used in this Act are defined as follows: <Amended on Feb. 29, 2008; Feb. 17, 2012; Jan. 28, 2014; Mar. 27, 2015; Jan. 15, 2019; Feb. 4, 2020; Dec. 8, 2020; Jan. 18, 2022; Aug. 8, 2023>
| 1. | The term "sports" means activities to cultivate a healthy mind and body through physical activities, such as sports events and outdoor sports, and to make good use of leisure time; |
| 2. | The term "professional sports" means activities of sports events conducted by players; |
| 3. | The term "sports for all" means sports activities conducted voluntarily in daily life for the promotion of health and fitness; |
| 4. | The term "player" means a person registered as a player in an athletic affiliate; |
| 4-2. | The term "member of the national team" means a person selected and confirmed by the Korea Sports and Olympic Committee, the Korea Paralympic Committee, or a sports organization to send representatives of Korea to international competitions (excluding friendly competitions); |
| 6. | The term "certified sports leader" means a person qualified under this Act as one of the following, in order to instruct sports at schools, workplaces, local communities, other sports organizations, etc.: |
| (a) | A certified sports instructor; |
| (b) | A certified fitness trainer; |
| (c) | A certified sports instructor for persons with disabilities; |
| (d) | A certified youth sports instructor; |
| (e) | A certified senior sports instructor; |
| 7. | The term "affinity sports group" means a gathering of persons who participate on an ongoing basis in the same sports-for-all activities; |
| 8. | The term "sports team" means a sports club of the State, a local government, a school, or a workplace, comprised of players; |
| 9. | The term "sports organization" means any of the following corporations or organizations established for sports-related activities or businesses: |
| (a) | The Korean Sport and Olympic Committee, sports councils of a City/Do and a Si/Gun/Gu (hereinafter referred to as "local sports councils"), the Korea Paralympic Committee, sports councils for persons with disabilities of a City/Do and a Si/Gun/Gu (hereinafter referred to as "local sports councils for persons with disabilities"), the Korea Anti-Doping Agency, and the Korea Sports Promotion Foundation under Chapter V; |
| (b) | An athletic affiliate under subparagraph 11; |
| (g) | An organizing committee established to hold a sports event, such as a domestic or international sports competition; |
| (h) | Other corporations or organizations related to sports activities; |
| 10. | The term "doping" means ingesting or using forbidden drugs or methods listed and announced by the Minister of Culture, Sports and Tourism for enhancing players' physical capabilities; |
| 11. | The term "athletic affiliate" means a juristic person or organization established for activities and businesses related to a specific sport and affiliated with the Korean Sport and Olympic Committee or the Korea Paralympic Committee; or a professional sports organization designated by the Minister of Culture, Sports and Tourism; |
| 11-2. | The term "sports irregularities" means any of the following acts which undermines fairness in sports: |
| (a) | Any act which undermines transparency and democracy in the operation of a sports organization, such as accounting fraud, breach of trust, embezzlement, and bribe-taking; |
| (b) | Any act which leads to unfair operation of sports games, such as match-fixing and biased judgment during a sports game; |
| 12. | The term "sports betting ticket" means a ticket to issue a refund to a person who correctly predicted the outcome of a sports game and in which the method and amount of betting and other matters prescribed by Presidential Decree are entered. |
| Article 3 (Policies and Encouragement for Sports Promotion) |
The State and local governments shall take measures for the promotion of national sports and shall encourage, protect, and develop voluntary sports activities of people.
| Article 4 (Formulation of Basic Policies) |
| (1) | The Minister of Culture, Sports and Tourism shall formulate and implement basic policies for the promotion of national sports. <Amended on Feb. 29, 2008> |
| (2) | The heads of local governments shall formulate and implement plans for the promotion of sports for their respective local governments in accordance with the basic policies under paragraph (1). |
| Article 5 (Regional Sports Promotion Councils) |
| (1) | A regional sports promotion council (hereinafter referred to as "council") shall be established under the authority of a local government to establish a plan for the promotion of sports of the local government and consult on other important matters concerning the promotion of sports. <Amended on Dec. 8, 2020> |
| (2) | The council shall be comprised of not less than seven but not more than 15 members, including the head of a local government and the chairperson of a local sports council, and other matters necessary for the organization and operation of the council shall be prescribed by ordinance of the relevant local government. <Amended on Dec. 8, 2020> |
In cases of a request by the Minister of Culture, Sports and Tourism or the head of a local government with respect to the formulation and implementation of basic policies and plans for the promotion of sports under Article 4, the relevant agencies and organizations shall provide cooperation with regard thereto. <Amended on Feb. 29, 2008>
CHAPTER II MEASURES FOR PROMOTION OF SPORTS
| Article 7 Deleted. <Aug. 10, 2021> |
| Article 8 (Promotion of Local Sports) |
| (1) | Local governments shall create environments for local residents to make sound sports activities part of their daily lives, such as facilities, and support them for the promotion of health and fitness of local residents. |
| (2) | Local governments shall directly hold sports meets arranged through their administrative district units at least once a year, or shall support sports organizations to hold such sports meets. |
| (3) | Local governments shall hold employees' sports meets at least once annually. |
| Article 9 (Promotion of School Sports) |
Schools shall take necessary measures to enhance students' fitness and to encourage their sports activities.
| Article 10 (Promotion of Workplace Sports) |
| (1) | The State and local governments shall formulate policies necessary for promoting workplace sports. |
| (2) | The head of each workplace shall take measures necessary for promoting employees’ fitness and encouraging their sports activities by establishing affinity sports groups and sports promotion management committees, as prescribed by Presidential Decree. |
| (3) | In order to promote employees' fitness and instruct and encourage their sports activities, certified sports leaders shall be placed at a workplace prescribed by Presidential Decree. <Amended on Feb. 17, 2012> |
| (4) | Institutions prescribed by Presidential Decree among public institutions under the Act on the Management of Public Institutions (hereinafter referred to as "public institutions") and workplaces prescribed by Presidential Decree shall establish and operate at least one sports team and have certified sports leaders. <Amended on Mar. 18, 2009; Feb. 17, 2012> |
| (5) | Affairs concerning workplace sports under paragraphs (2) through (4) shall be directed and supervised by the head of the competent Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Amended on Dec. 8, 2020> |
| Article 10-2 (Promotion of Sports Activities of Senior Citizens) |
| (1) | The State and local governments shall prepare policy measures necessary for promoting sports activities of senior citizens. |
| (2) | The State and local governments may operate programs on sports activities tailored to help senior citizens maintain or improve their health or may provide subsidies and facilities necessary for the operation thereof. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 10-3 (Preparation of Standard Contracts) |
| (1) | The State shall develop and disseminate a standard contract form so that the head of an institution or organization to which sports teams established and operated at work (hereinafter referred to as "workplace sports team") belong and sports team players can enter into contracts on equal terms. |
| (2) | Where the head of an institution or organization to which a workplace sports team belongs enters into a contract with players of the workplace sports team, he or she shall make sure to include matters essential in the standard contract, such as matters concerning the rights and obligations of the contracting parties, matters concerning dispute resolution, etc. |
| (3) | The head of a local government shall report the matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, such as the current status and details of contracts concluded under paragraph (2), to the Minister of Culture, Sports and Tourism each year. |
| (4) | Where the Minister of Culture, Sports and Tourism deems the contract reported on pursuant to paragraph (3) unfair, he or she may request the head of an institution or organization to which the relevant workplace sports team belongs to make corrections. |
| (5) | Details under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Aug. 18, 2020]
| Article 10-4 (Management of Training Camps) |
| (1) | When the head of an institution or organization to which a workplace sports team belongs conducts a regular camp training, he or she shall endeavor to guarantee the freedom of private life of players of the team during their stay at a training camp and the freedom of individual choice on whether to participate in such camp training. |
| (2) | Where the head of an institution or organization to which a workplace sports team belongs operates a training camp to provide convenience to players living at a long distance, he or she shall do so as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 10-5 (Preparation and Observance of Operational Regulations) |
| (1) | The head of an institution or organization to which a workplace sports team belongs shall prepare operational regulations, including the following matters, and report the details thereof to the head of a Si/Gun/Gu: |
| 1. | Matters concerning qualifications for members of the team; |
| 2. | Matters concerning the operation and management of a training camp; |
| 3. | Matters concerning measures to protect the human rights of players; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as necessary for the operation of a workplace sports team. |
| (2) | The head of an institution or organization to which a workplace sports team belongs shall report to the head of a Si/Gun/Gu on the matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, such as whether the operational regulations under paragraph (1) are observed. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 11 (Fostering of Certified Sports Leaders) |
| (1) | The State shall formulate policies necessary for fostering certified sports leaders and for improving their capacity to promote national sports. |
| (2) | The Minister of Culture, Sports and Tourism shall issue a certificate of qualification as a certified sports leader to a person who meets the requirements prescribed by Presidential Decree, has passed a qualifying examination for sports leaders (hereinafter referred to as "qualifying examination"), and has completed a training course for sports leaders (hereinafter referred to as "training course"), as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That a person prescribed by Presidential Decree, such as a physical education teacher at a school, a player (including a professional sports player registered at a professional sports organization designated by the Minister of Culture, Sports and Tourism), may be exempt from sitting part of a qualifying examination or training course (excluding sessions on prevention of violence, such as sexual violence, under paragraph (3)), as prescribed by Presidential Decree. <Amended on Feb. 17, 2012; Feb. 4, 2020> |
| (3) | The training course shall include matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, such as education on the prevention of violence such as sexual violence. <Newly Inserted on Feb. 4, 2020; Aug. 18, 2020> |
| (4) | A person who intends to take a qualifying examination or training course, or to be issued or reissued a certificate of qualification pursuant to paragraph (2) shall pay relevant fees prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted on Feb. 17, 2012; Feb. 4, 2020> |
| (5) | The kinds, grades, examinations, issuing of qualifications, etc. of certified sports leaders shall be prescribed by Presidential Decree. <Amended on Feb. 17, 2012; Feb. 4, 2020> |
| Article 11-2 (Designation of Qualifying Examination Institutions and Training Institutions) |
| (1) | The Minister of Culture, Sports and Tourism may designate schools referred to in Article 2 of the Higher Education Act, sports organizations, athletic affiliates, etc. as qualifying examination institutions of certified sports leaders or training institutions. |
| (2) | Qualifying examination institutions and training institutions designated pursuant to paragraph (1) (hereinafter referred to as "designated institutions") shall formulate plans for the qualifying examinations of certified sports leaders or plans for training courses, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and submit them to the Minister of Culture, Sports and Tourism. If such institutions intend to revise the submitted plans, they shall, beforehand, submit revised plans. |
| (3) | Matters necessary for standards for designating institutions, plans for qualifying examinations, plans for training courses, implementation thereof, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 17, 2012]
| Article 11-3 (Evaluation of Designated Institutions) |
In order to improve the training system for certified sports leaders, the Minister of Culture, Sports and Tourism may evaluate designated institutions, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
[This Article Newly Inserted on Feb. 17, 2012]
| Article 11-4 (Cancellation of Designation) |
| (1) | Where a designated institution falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism may cancel designation or fully or partially suspend operation of its business for a specified period of up to six months: Provided, That where a designated institution falls under subparagraph 1 or 2, he or she shall cancel the designation: |
| 1. | Where it obtains designation by fraud or other improper means; |
| 2. | Where it conducts a qualifying examination or provides a training course during the period during which suspension of operation of its business is ordered; |
| 3. | Where it arbitrarily revises a plan for qualifying examinations or training courses submitted under Article 11-2 (2), or poorly operates qualifying examinations or training courses; |
| 4. | Where it ceases to meet a designation standard under Article 11-2 (3); |
| 5. | Where it is deemed inappropriate for a designated institution as a result of evaluation under Article 11-3. |
| (2) | The standards for disposition by violation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in consideration of the degree of, and grounds for, a violation. |
[This Article Newly Inserted on Feb. 17, 2012]
| Article 11-5 (Grounds for Disqualification of Certified Sports Leaders) |
Any of the following persons shall be disqualified as a certified sports leader: <Amended on Mar. 21, 2017; Jan. 15, 2019; Feb. 4, 2020; Dec. 8, 2020>
| 1. | A person under adult guardianship; |
| 2. | A person who has been sentenced to imprisonment without labor or heavier punishment and for whom two years have not passed since the execution thereof was completed or remitted; |
| 3. | A person who is under suspension of the execution or sentence of his or her imprisonment without labor or heavier punishment declared by a court; |
| 4. | A person who was sentenced to imprisonment without labor or heavier punishment or to medical treatment and custody for committing any of the following crimes and for whom 20 years have not passed since the execution thereof was completed, suspended or remitted, or for whom 10 years have not passed since a decision on a fine became final and conclusive: |
| 5. | A certified sports leader who was sentenced to imprisonment without labor or heavier punishment for committing crimes of inflicting bodily injury and violence stipulated in Chapter XXV of Part II of the Criminal Act against a player (including those whose certification was canceled under Article 12 (1)) and for whom 10 years have not passed since the execution thereof was completed, suspended, or remitted; |
| 6. | A person for whom three years have not passed since the qualification of such person was revoked (excluding where qualification was revoked as a person falls under subparagraph 1) pursuant to Article 12 (1) 1 through 4 or the qualifying examination taken by such person was suspended or nullified pursuant to paragraph (3) of the same Article. |
[This Article Newly Inserted on Feb. 17, 2012]
| Article 11-6 (Re-Education of Certified Sports Leaders) |
| (1) | Certified sports leaders who engage in the affairs of sports guidance in sports organizations, schools, etc. shall receive reeducation every two years, including education for the prevention of violence, such as sexual violence, referred to in Article 11 (3), to enhance ethics and awareness of human rights. |
| (2) | No person who operates a sports organization, school, etc. shall treat a certified sports leader engaged in the relevant organization, school, etc. unfavorably on the grounds of re-education under paragraph (1). |
| (3) | The Minister of Culture, Sports and Tourism may entrust re-education under paragraph (1) to relevant institutions or organizations, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (4) | Matters necessary for the subject, period, content, methods, and procedures of re-education under paragraph (1) and those necessary for entrustment, etc. under paragraph (3) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 12 (Revocation of Qualification of Sports Leaders) |
| (1) | The Minister of Culture, Sports and Tourism may revoke a certified sports leader's qualification or suspend his or her qualification for up to five years in accordance with a resolution of the Sports Leader Qualification Steering Committee under Article 12-2, if he or she falls under any of the following cases: Provided, That the Minister shall revoke his or her qualification in cases falling under any of subparagraphs 1 through 4: <Amended on Feb. 4, 2020; Aug. 18, 2020; Dec. 8, 2020> |
| 1. | Where a person has obtained the qualification of a certified sports leader by false or other improper means; |
| 2. | Where a person has performed his or her duties during the suspension period; |
| 3. | Where a person has lent his or her certificate of qualification to a third person; |
| 4. | Where a person falls under any of the subparagraphs of Article 11-5; |
| 5. | Where a person uses violence against, or inflicts injury on, a player; |
| 6. | Where a person has committed sexual harassment or sexual violence against a player; |
| 7. | Where a person has failed to undergo the re-education under Article 11-6 (1); |
| 8. | Where a person has committed any other wrongdoing or misconduct while performing his or her duties. |
| (2) | Deleted. <Feb. 4, 2020> |
| (3) | Where a person who takes a qualifying examination for certified sports leader has engaged in a dishonest act in such qualifying examination, such qualifying examination shall be suspended or nullified on the spot. |
| (4) | A person whose qualification has been canceled pursuant to paragraph (1) shall return his or her certificate of qualification as a certified sports leader to the Minister of Culture, Sports and Tourism, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| (5) | Detailed standards and procedures for disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in consideration of the degree of, and grounds for, a violation. <Amended on Feb. 4, 2020> |
[This Article Wholly Amended on Feb. 17, 2012]
| Article 12-2 (Sports Leader Qualification Steering Committee) |
| (1) | The Sports Leader Qualification Steering Committee (hereinafter referred to as the "Committee") shall be established by the Ministry of Culture, Sports and Tourism to deliberate and resolve on the following matters: |
| 1. | Matters concerning the revocation and suspension of qualification of a certified sports leader under Article 12; |
| 2. | Matters concerning the disclosure of the list under Article 12-3; |
| 3. | Other matters referred to a meeting by the Minister of Culture, Sports and Tourism in relation to the qualification of certified sports leaders, etc. |
| (2) | The Committee shall be comprised of nine members, including one chairperson. |
| (3) | The chairperson of the Committee shall be designated by the Minister of Culture, Sports and Tourism, from among members in general service of the Senior Executive Service of the Ministry of Culture, Sports and Tourism, and other members shall be appointed or commissioned by the Minister of Culture, Sports and Tourism, from among the following persons: |
| 1. | Public officials in the position of section chief or a higher position who belong to the Ministry of Culture, Sports and Tourism; |
| 2. | A person who serves, or has served, as an assistant professor or higher, teaching sports or legal studies at a university or college (including an industrial college, teachers' college, junior college, or cyber college) under Article 2 of the Higher Education Act; |
| 3. | A person who is licensed as an attorney at law; |
| 4. | Other persons with extensive knowledge of and experience in sports. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 12-3 (Disclosure of Lists Related to Human Rights Violations in Sports Community and Sports Irregularities) |
| (1) | Where a certified sports leader or a person responsible at a sports organization is found guilty for human rights violations in the sports community and sports irregularities and such judgment becomes and final and conclusive, the Minister of Culture, Sports and Tourism may disclose his or her personal information, details of the irregularities committed, etc. after deliberation and resolution by the Committee. |
| (2) | Matters necessary for the details, procedures, etc. of disclosure under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 13 (Establishment of Sports Facilities) |
| (1) | The State and local governments shall formulate policies necessary for the appropriate securing and utilization of sports facilities necessary for the sports activities of people. |
| (2) | The State and local governments shall formulate policies necessary for the establishment and operation of facilities necessary for the sports activities of persons with disabilities, and take measures for persons with disabilities to preferably use such facilities. <Amended on Dec. 20, 2016> |
| (3) | The State and local governments shall formulate policies necessary for the proper securing of facilities necessary for sports activities of senior citizens and the operation thereof. <Newly Inserted on Sep. 14, 2023> |
| (4) | The heads of workplaces shall install and operate facilities necessary for the sports activities of employees, and sports facilities at schools shall be open to local residents for their use to the extent that does not interfere with school education. <Amended on Feb. 17, 2012; Sep. 14, 2023> |
| (5) | The State and local governments shall encourage the establishment of private sports facilities and ensure they are operated in a sound manner. <Amended on Sep. 14, 2023> |
| (6) | Matters necessary for the establishment, utilization, etc. of sports facilities under paragraphs (1) through (4) shall be provided separately by other Acts. <Amended on Sep. 14, 2023> |
| Article 13-2 (Safety Management Measures when Holding Sports Events) |
| (1) | A person who intends to hold a sports event with a concentrated number of persons of at least a certain size prescribed by Presidential Decree shall formulate a safety management plan for the relevant sports event, conduct safety education and inspection, and take measures necessary for safety management, such as formulating a safety management plan for the relevant sports event so that the relevant sports event can be conducted safely. |
| (2) | Matters concerning the details of a safety management plan for sports events under paragraph (1), procedures for the formulation thereof, methods of safety education and inspection, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 14, 2023]
| Article 14 (Fostering of Players) |
| (1) | The State and local governments shall foster players and certified sports leaders as required. <Amended on Feb. 4, 2020> |
| (2) | The State and local governments shall prepare an award system necessary for fostering outstanding players and certified sports leaders. |
| (3) | If the Minister of Culture, Sports and Tourism requests to enable outstanding players determined by Presidential Decree to lead an amateur sports life, the State, local governments, public institutions and other organizations determined by Presidential Decree shall employ such outstanding players and certified sports leaders. <Amended on Feb. 29, 2008; Mar. 18, 2009> |
| (4) | Deleted. <Aug. 10, 2021> |
| (5) | Deleted. <Feb. 4, 2020> |
| (6) | Deleted. <Feb. 4, 2020> |
[Title Amended on Feb. 4, 2020]
| Article 14-2 Deleted. <Aug. 10, 2021> |
| Article 14-3 (Prohibited Acts of Players) |
| (1) | Players, managers, coaches, referees, and executive officers and employees of sports organizations (hereinafter referred to as "professional sports players, etc.") of sports games classified as professional sports shall not receive, demand, or promise property or property benefits in return for illegal favors. <Amended on Jan. 18, 2022> |
| (2) | No professional sports players, etc. shall offer, request, or promise to offer any property or property benefits to a third party in return for illegal favors in connection with sports events. <Amended on Jan. 18, 2022> |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 14-4 (Prohibition on Participation) |
Where a conviction is confirmed on professional sports players, etc. for committing a crime under subparagraph 1 of Article 47, or subparagraph 1 or 2 of Article 48 (1), the Korea Sports and Olympic Committee, a local sports council, the Korea Paralympic Committee, or a local sports council for persons with disabilities shall take measures necessary for prohibiting the relevant professional sports player, etc. from participating in various sports games in Korea or abroad. [This Article Newly Inserted on Jan. 18, 2022]
| Article 15 (Anti-Doping Activities) |
| (1) | The State shall formulate policies to prevent doping in order to protect players from drugs, etc. in conducting sporting activities and promote sportsmanship through fair competition. |
| (2) | The State shall provide players and certified sports leaders with education and information to prevent doping, and shall direct and supervise the anti-doping activities of sports organizations and athletic affiliates. |
| Article 16 (Promotion of Recreational Sports) |
| (1) | The State and local governments shall formulate necessary policies to promote and support recreational sports activities in order to enable people to make good use of their leisure time. |
| (2) | The State and local governments shall ensure the propagation of recreation and fostering of sound professional sports, and shall guide the sound performance of national recreational sports activities, such as horse racing, cycle racing, and boat racing. |
| Article 16-2 (Sports-for-All Activities and Certification of Fitness) |
| (1) | In order to encourage people to voluntarily participate in sports for all and to support scientific management of their fitness, the State and local governments shall prepare policies necessary for sports-for-all activities and certification of fitness. |
| (2) | In order to ensure professionalism and credibility of certification, the Minister of Culture, Sports and Tourism may designate a certification institution in accordance with the standards for designation prescribed by Presidential Decree. |
| (3) | The Minister of Culture, Sports and Tourism may provide financial assistance to cover expenses necessary for the performance of certification duties and operation of a certification institution under paragraph (2) within budgetary limits. |
| (4) | Where an institution designated as a certification institution pursuant to paragraph (2) falls under any of the following, the Minister of Culture, Sports and Tourism may revoke its designation or issue an order to suspend all or some relevant duties for a specified period of not more than one year: Provided, That where it falls under subparagraph 1 or 2, he or she shall revoke its designation: |
| 1. | Where it obtains designation by fraud or other improper means; |
| 2. | Where it conducts any certification duty while its duties are suspended; |
| 3. | Where it fails to conduct certification duties without justifiable reasons; |
| 4. | Where it fails to meet any of the standards for designation under paragraph (2). |
| (5) | Matters necessary for the operation of a system, such as matters to be certified, kinds, standards, procedures, and methods of certification under paragraph (1) and for the revocation of designation, suspension of duties, etc. under paragraph (4) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on May 28, 2014]
| Article 17 (Encouraging Production of Sporting Goods) |
| (1) | The State and local governments shall take measures necessary to encourage the production of sporting goods or equipment determined by Presidential Decree (hereinafter referred to as "sporting goods, etc.") in order to promote national sports. |
| (2) | If deemed particularly necessary for the promotion of national sports, the Minister of Culture, Sports and Tourism may direct the Korea Sports Promotion Foundation to lend money from the National Sports Promotion Account of the National Sports Promotion Fund to exemplary manufacturers designated from among those producing sporting goods, etc. under paragraph (1). <Amended on Feb. 29, 2008; Dec. 19, 2017> |
| (3) | If deemed necessary for the establishment of sports facilities and for the promotion of the following business which provides sports-related services, the Minister of Culture, Sports and Tourism may direct the Korea Sports Promotion Foundation to lend money from such Foundation for such purposes: <Amended on Feb. 29, 2008> |
| 1. | Business specializing in holding and supporting sports events; |
| 2. | Business related to planning sports events, vicarious operation of profit-making business, acting on behalf of athletes, etc. when they enter into contracts; |
| 3. | Business producing or providing sports-related information; |
| 4. | Other business determined by Presidential Decree. |
| (4) | The Government may take measures for tax reduction and/or exemption as prescribed by the Restriction of Special Taxation Act for sporting goods, etc. which must be inevitably imported due to their high level of accuracy. |
| (5) | Any person who intends to be designated as an exemplary manufacturer under paragraph (2) shall file an application with the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Mar. 18, 2009> |
| (6) | When the Minister of Culture, Sports and Tourism, upon receipt of an application under paragraph (5), intends to designate an exemplary manufacturer, he or she shall, in advance, consult with the Minister of Trade, Industry and Energy. In such cases, the Minister of Trade, Industry and Energy shall present his or her opinion to the Minister of Culture, Sports and Tourism within 20 days from the day he or she receives a request for consultation unless a compelling reason not to do so. <Newly Inserted on Mar. 18, 2009; Mar. 23, 2013; Aug. 8, 2023> |
| (7) | When a person designated as an exemplary manufacturer under paragraph (2) has used money lent from the National Sports Promotion Account of the National Sports Promotion Fund for any purpose other than for which the money was lent, the Minister of Culture, Sports and Tourism may cancel such designation. <Amended on Feb. 29, 2008; Mar. 18, 2009; Dec. 19, 2017> |
| (8) | Local governments may provide for matters concerning measures necessary to encourage the production of sporting goods, etc. under paragraph (1) by their Municipal Ordinances. <Amended on Mar. 18, 2009> |
| Article 18 (Subsidies to Local Governments and Schools) |
| (1) | The State shall provide local governments, schools, etc. with subsidies to cover some of expenses incurred in promoting sports within budgetary limits each fiscal year. |
| (2) | The State and local governments shall provide the Korea Sports and Olympic Committee, a local sports council, the Korea Paralympic Committee, a local sports council for persons with disabilities, the Korea Anti-Doping Agency, the Korea Sports Promotion Foundation, the Korea Sport Ethics Center, and other sports organizations and sports science research institutes with subsidies to cover some of necessary expenses or research costs. <Amended on Feb. 4, 2020; Dec. 8, 2020> |
| (3) | Local governments shall subsidize operating expenses to local sports councils and local sports councils for persons with disabilities within budgetary limits. In such cases, matters necessary for providing subsidies shall be prescribed by municipal ordinances. <Amended on Dec. 8, 2020; Feb. 3, 2022> |
[This Article Wholly Amended on Feb. 3, 2016]
CHAPTER II-2 MEASURES TO PROTECT ATHLETES INCLUDING PLAYERS
| Article 18-2 (Policy Measures to Protect Athletes Including Players) |
| (1) | The State and local governments shall devise policies to protect athletes and other people from the human rights violation in the sports community and sports irregularities. <Amended on Aug. 18, 2020> |
| (2) | The Minister of Culture, Sports and Tourism shall strengthen on-site inspection, guidance, and supervision to prevent sexual violence and other violence committed in the sports community. In such cases, detailed matters, such as methods of inspections, shall be determined by the Minister of Culture, Sports and Tourism. <Newly Inserted on Aug. 18, 2020> |
| (3) | The Minister of Culture, Sports and Tourism shall establish and operate an integrated information system to efficiently manage detailed personal information of players, certified sports leaders, referees, or executive officers and employees belonging to the Korea Sports and Olympic Committee, a local sports council, the Korea Paralympic Committee, a local sports council for persons with disabilities, sports organizations, or sports teams, including their personal details, affiliation history, award information, competition performance, and disciplinary history registered in the disciplinary information system under Article 18-13. In such cases, the Minister of Culture, Sports and Tourism may entrust the establishment and operation of the integrated information system to related institutions or organizations. <Newly Inserted on Dec. 8, 2020> |
[This Article Newly Inserted on Feb. 4, 2020]
[Title Amended on Aug. 18, 2020]
| Article 18-3 (Establishment of the Korea Sport Ethics Center) |
| (1) | The Korea Sport Ethics Center shall be established in order to ensure fairness in sports and protect the rights of athletes. |
| (2) | The Korea Sport Ethics Center shall be a juristic person. |
| (3) | The Korea Sports Ethics Center shall conduct the following activities: <Amended on Aug. 18, 2020; Jan. 18, 2022> |
| 1. | Receiving and investigating reports on human rights violations in the sports community and sports irregularities, which fall under the following items: |
| (a) | Matters concerning violence by certified sports leaders, such as sexual violence, against players, etc.; |
| (b) | Matters concerning unfairness, such as match fixing or biased judgment; |
| (c) | Matters concerning entrance examination irregularities related to sports; |
| (e) | Other matters deemed to amount to human rights violations in the sports community and sports irregularities; |
| 2. | Medical treatment and consultation, legal aid, temporary protection, and connection for the reporting person and the victim; |
| 3. | Operation of provisional protective facilities for reporting persons and victims in need of emergency protection; |
| 4. | Operation of the human rights monitoring officer capable of constantly inspecting the status of the investigations into, and measures against, human rights violations committed in the sports community; |
| 5. | Fact-finding surveys on sports irregularities and human rights violations in the sports community and research on the prevention thereof; |
| 6. | Education to prevent sports irregularities and human rights violations in the sports community; |
| 7. | Other projects necessary for securing fairness in sports and protecting human rights of athletes. |
| (4) | Matters to be stated in the articles of incorporation of the Korea Sports Ethics Center, such as the operation of the Korea Sports Ethics Center, composition and authority of the board of directors, appointment of executive officers, and supervision, shall be prescribed by Presidential Decree. <Amended on Aug. 18, 2020> |
| (5) | Where the head of the Korea Sports Ethics Center deems it necessary for performing his or her duties, he or she may request that a public official belonging to the relevant administrative agency, or executive officers and employees belonging to the relevant institutions or organizations be dispatched to the Korea Sports Ethics Center or provide support, after obtaining approval from the Minister of Culture, Sports and Tourism. <Newly Inserted on Aug. 18, 2020> |
| (6) | No one other than the Korea Sports Ethics Center shall use such name or any title similar thereto. <Amended on Aug. 18, 2020> |
| (7) | The Minister of Culture, Sports and Tourism shall supervise the Korea Sports Ethics Center. In such cases, the Minister of Culture, Sports and Tourism shall establish and guarantee necessary policies for the Korea Sports Ethics Center to independently perform the affairs referred to in each subparagraph of paragraph (3). <Amended on Aug. 18, 2020> |
| (8) | Except as provided in this Act, the provisions on foundation corporations in the Civil Act shall apply mutatis mutandis to the Korea Sports Ethics Center. <Amended on Aug. 18, 2020> |
[This Article Newly Inserted on Feb. 4, 2020]
| Article 18-4 (Report on Human Rights Violations in Sports Community and Sports Irregularities) |
| (1) | Any person who becomes aware of human rights violations in the sports community and sports irregularities may report such fact to the Korea Sports Ethics Center or an investigative agency. |
| (2) | A certified sports leader, player, person in charge of the management of players under Article 18-14, the head of a Si/Gun/Gu, or any other person prescribed by Ordinance of the Ministry of Culture, Sports and Tourism shall immediately report to the Korea Sports Ethics Center or an investigative agency, if he or she or it becomes aware, or suspicious, of human rights violations in the sports community and sports irregularities. <Amended on Act No. 2235, Dec. 8, 2020> |
| (3) | No person shall inform another person of the personal information of a reporting person under paragraph (2) or any fact based on which a reporting person can be identified, disclose, or publish such information or fact. |
[This Article Newly Inserted on Aug. 18, 2020]
[Previous Article 18-4 moved to Article 18-9 <Aug. 18, 2020>]
| Article 18-5 (Investigation into Human Rights Violations) |
| (1) | The Korea Sports Ethics Center may investigate the reported cases by the following methods: |
| 1. | Making a request for attendance of or hearing statements from the reporting person, the victim, the respondent (hereinafter referred to as the "party") or the related party; |
| 2. | Making a request for submission of data, etc. that are deemed to be related to the investigation to the parties, related parties, or related organizations; |
| 3. | Conducting an on-site investigation or appraisal of places, facilities, or data that are deemed to be related to the investigation. |
| (2) | The party, related parties or related organizations, etc. that undergo an investigation under paragraph (1) shall conscientiously cooperate in the investigation, unless there is a compelling reason not to do so. |
| (3) | A person who conducts an investigation pursuant to paragraph (1) 3 shall carry a certificate indicating his or her authority and present it to the head or employee managing the place or facility. |
| (4) | The Korea Sports Ethics Center may conduct an ex officio investigation, if it is deemed that any illegal or unfair ground exists, which amounts to human rights violations in the sports community and sports irregularities. In such cases, paragraphs (1) through (3) shall apply mutatis mutandis to necessary matters, such as methods and procedures for conducting an investigation. |
| (5) | Upon receipt of a report under Article 18-3 (3) 1 (a), the Korea Sports Ethics Center shall promptly take necessary measures, such as emergency protection, to protect the relevant reporting person and victims, and conduct investigations thereon. |
| (6) | If deemed necessary for efficiently conducting an investigation under paragraphs (1) and (4), the Korea Sports Ethics Center may request cooperation from investigative agencies. |
| (7) | Matters necessary for the period, procedures, etc. of the investigation shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Aug. 18, 2020]
[Previous Article 18-5 moved to Article 18-10 <Aug. 18, 2020>]
| Article 18-6 (Prohibition of Disadvantageous Measures) |
| (1) | No person shall take disadvantageous measures specified in any item of subparagraph 6 of Article 2 of the Protection of Public Interest Reporters Act against a reporting person, a victim, a person who makes a statement or gives testimony or provides data in an investigation, etc. relating to a report (hereinafter referred to as "reporting person, etc."). |
| (2) | No person shall interfere with the statement, testimony, or provision of data in connection with a report or an investigation into a report filed (hereinafter referred to as "report, etc."), or coerce the withdrawal of a report, etc. |
[This Article Newly Inserted on Aug. 18, 2020]
[Previous Article 18-6 moved to Article 18-11 <Aug. 18, 2020>]
| Article 18-7 (Protection of Reporting Persons) |
If the head of the Korea Sports Ethics Center deems that there is a considerable possibility that human rights violations continue when an investigation is initiated, and if left unattended, there is a risk of irreparable damage, he or she may recommend the person reported on, his or her affiliated institution, etc. to take any of the following measures at the request of the reporting person or victim or ex officio:
| 1. | Separation of the physical space between the reporting person, etc. and the reported person; |
| 2. | Measures to revoke or suspend the position of the reported person; |
| 3. | Measures to prohibit the reported person from contacting the reporting person, etc. against his or her will. |
[This Article Newly Inserted on Aug. 18, 2020]
[Previous Article 18-7 moved to Article 18-12 <Aug. 18, 2020>]
| Article 18-8 (Measures against Violations) |
Where a player, certified sports leader, executive officer or employee of a sports organization, etc. falls under any of the following, the head of the Korea Sports Ethics Center may request the Minister of Culture, Sports and Tourism to have the head of an institution or organization to which such person belongs take corrective actions or disciplinary actions against a person responsible. In such cases, if the Minister of Culture, Sports and Tourism deems such corrective or disciplinary actions necessary, he or she may request the relevant institution or organization to take necessary measures, and the institution or organization so requested shall comply, unless there is a compelling reason not to do so:
| 1. | Disadvantageous measures being taken against a reporting person, etc. for filing a report, etc. in violation of Article 18-6 (1); |
| 2. | Obstructing a person from making a report, etc. or forcing him or her to withdraw the report, etc. in violation of Article 18-6 (2); |
| 3. | Making a false statement in a report or data requested by the Korea Sports Ethics Center or failing to submit such report or data without good cause; |
| 4. | Refusing, interfering with, or evading an investigation conducted by the Korea Sports Ethics Center without good cause; |
| 5. | Informing another person of the personal information under Article 18-4 (2) of the reporting person or any fact based on which the reporting person can be identified or disclosing or reporting such information or fact to another person in violation of Article 18-4 (3). |
[This Article Newly Inserted on Aug. 18, 2020]
[Previous Article 18-8 moved to Article 18-13 <Aug. 18, 2020>]
| Article 18-9 (Accusations and Demand for Disciplinary Action) |
| (1) | The Sport Ethics Center may file an accusation with the competent investigative authorities where it has reasonable grounds to believe that allegations of a crime exist in connection with the details of the report, consultation and investigation. <Amended on Aug. 18, 2020> |
| (2) | The Minister of Culture, Sports and Tourism may demand that a sports organization take disciplinary action against a person responsible for sports irregularities and human rights violations in the sports community. In such cases, the sports organization so requested shall comply therewith unless there is a compelling reason not to do so and report the results to the Minister of Culture, Sports and Tourism. <Amended on Aug. 18, 2020> |
| (3) | Regarding the details of investigation, the Korea Sport Ethics Center may request the Minister of Culture, Sports and Tourism to demand disciplinary action under paragraph (2) or to cancel qualifications of a certified sports leader under Article 12 (1), or take other necessary measures. |
[This Article Newly Inserted on Feb. 4, 2020]
[Moved from Article 18-4 <Aug. 18, 2020>]
| Article 18-10 (Report, Counseling, and Establishment of Temporary Protection Facilities) |
| (1) | A local government may establish facilities for report, counseling, and temporary protection in order to protect players and certified sports leaders from any violence, intimidation, or forced wrongful act; or may entrust such business to an institution or organization prescribed by Presidential Decree. <Amended on Aug. 18, 2020> |
| (2) | Matters necessary for establishing and operating facilities for report, counseling, and temporary protection under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Aug. 18, 2020> |
| (3) | Any person who was or has been engaged in reporting and counseling at the Korea Sport Ethics Center or facilities under paragraph (1) shall neither disclose knowledge gained in the course of performing his or her duties nor provide data relevant thereto. <Amended on Aug. 18, 2020> |
[This Article Newly Inserted on Feb. 4, 2020]
[Title Amended on Aug. 18, 2020]
[Moved from Article 18-5 <Aug. 18, 2020>]
| Article 18-11 (Sessions on Prevention of Violence Including Sexual Violence) |
| (1) | The Minister of Culture, Sports and Tourism shall provide sessions on prevention of violence, including sexual violence, in the sports community. |
| (2) | Such matters as details, methods, target, and duration of sessions on prevention of violence, including sexual violence, under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Feb. 4, 2020]
[Moved from Article 18-6 <Aug. 18, 2020>]
| Article 18-12 Deleted. <Aug. 10, 2021> |
| Article 18-13 (Establishment and Operation of Disciplinary Information System) |
| (1) | The Minister of Culture, Sports and Tourism shall establish and operate the disciplinary information system in order to efficiently manage the information on disciplinary actions (including the measures under Article 17 (1) of the Act on the Prevention of and Countermeasures against Violence in Schools; hereafter in this Article the same shall apply) against players (including student players under subparagraph 4 of Article 2 of the School Sports Promotion Act; hereafter in this Article the same shall apply), certified sports leaders, referees, and executive officers and employees who belong to the Korea Sports and Olympic Committee, local sports councils, the Korea Paralympic Committee, local sports councils for persons with disabilities, sports organizations, and sports teams (including school sports teams under subparagraph 3 of Article 2 of the School Sports Promotion Act; hereafter in this Article referred to as "sports councils, etc."). <Amended on Dec. 8, 2020; Jan. 18, 2022> |
| (2) | The Minister of Culture, Sports and Tourism may request data necessary to establish and operate the disciplinary information system from the heads of the relevant central administrative agencies, the heads of local governments, the superintendents of education, sports organizations, etc. In such cases, a person who has received a request shall comply with such request unless there is a compelling reason not to do so (excluding reasons for the protection of personal information). <Amended on Aug. 18, 2020; Jan. 18, 2022> |
| (3) | Where taking a disciplinary action against a player, certified sports leader, referee, or executive officer or employee of a sports council, the head of the sports council, etc. (referring to the head of an institution or organization to which the person belongs in cases of a sports team; hereafter in paragraph (4) the same shall apply) shall publish the relevant information in the disciplinary information system prescribed in paragraph (1). <Newly Inserted on Dec. 8, 2020> |
| (4) | When the heads of sports councils, etc. enter into an employment contract (including renewal of a contract) with players, certified sports leaders, referees, executives or employees, he or she shall have a certificate related to disciplinary actions submitted through the disciplinary information system prescribed in paragraph (1) and verify the record of disciplinary action. <Newly Inserted on Dec. 8, 2020; Jan. 18, 2022> |
| (5) | Matters necessary for establishing and operating the disciplinary information system under paragraph (1), requesting data under paragraph (2), publishing information under paragraph (3), verifying disciplinary certificates under paragraph (4), etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Dec. 8, 2020> |
[This Article Newly Inserted on Feb. 4, 2020]
[Moved from Article 18-8 <Aug. 18, 2020>]
| Article 18-14 (Duty of Registration of Person in Charge of Managing Players) |
| (1) | Where a person who manages players for their physical conditions and health (hereinafter referred to as "person in charge of the management of players"), other than certified sports leaders, is separately kept, they shall be registered with an organization, which is a member of the Korea Sports Council and represents the relevant sports events, or with the local sports council. <Amended on Dec. 8, 2020> |
| (2) | Necessary matters concerning the qualifications, scope, registration, etc. of a person in charge of the management of players shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Aug. 18, 2020]
| Article 18-15 (Installation and Management of Fixed Visual Data Processing Devices) |
| (1) | The State, local governments, sports organizations, etc. may install and manage fixed visual data processing devices defined in subparagraph 7 of Article 2 of the Personal Information Protection Act at major points where human rights are likely to be violated, such as violence against athletes or sexual violence against athletes, as prescribed by Presidential Decree. <Amended on Mar. 14, 2023> |
| (2) | No person who installs and manages fixed visual data processing devices in accordance with paragraph (1) shall infringe on the human rights of data subjects. <Amended on Mar. 14, 2023> |
| (3) | Except as provided in this Act, matters regarding the installation, management, etc. of fixed visual data processing devices shall be governed by the Personal Information Protection Act. <Amended on Mar. 14, 2023> |
[This Article Newly Inserted on Aug. 18, 2020]
[Title Amended on Mar. 14, 2023]
| Article 18-16 (Fact-Finding Surveys on Human Rights Violations in Sports Community and Sports Irregularities) |
| (1) | The Minister of Culture, Sports and Tourism shall conduct a fact-finding survey on human rights violations in the sports community and sports irregularities every year and announce the results thereof, and use them as basic data for policy formulation to prevent human rights violations in the sports community and sports irregularities. |
| (2) | Matters necessary for the methods, contents, etc. of fact-finding surveys on human rights violations in the sports community and sports irregularities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Aug. 18, 2020]
| Article 18-17 (Establishment and Operation of Integrated Report Management System) |
| (1) | The Minister of Culture, Sports and Tourism shall establish and operate an integrated report management system to efficiently manage the situation, such as receipt, processing, and measures of reports related to human rights violations in the sports community and sports irregularities under this Act. |
| (2) | The Minister of Culture, Sports and Tourism may request sports organizations, etc. to provide data necessary to establish and operate an integrated report management system. In such cases, sports organizations, etc. that have received a request shall comply with the request, unless there is a compelling reason not to do so. |
| (3) | Other matters necessary for the establishment, operation, etc. of the integrated report management system shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Dec. 8, 2020]
CHAPTER III NATIONAL SPORTS PROMOTION FUND
| Article 19 (Establishment of Fund) |
| (1) | A National Sports Promotion Fund (hereinafter referred to as the "Fund") shall be established to provide financial aid for any of the following: <Amended on Dec. 23, 2014; May 29, 2016; Dec. 19, 2017> |
| 1. | Costs for facilities to promote sports; |
| 2. | Improving the welfare of athletes; |
| 3. | Fostering sports organizations; |
| 4. | Promoting school sports and workplace sports; |
| 5. | Fostering professionals in sports, culture, and arts; |
| 6. | Strengthening weak areas; |
| 7. | Promoting the sports industry; |
| 8. | Preventing or treating addiction or problem gambling due to legal or illegal gambling businesses; |
| 9. | Other matters prescribed by the Presidential Decree to promote national sports. |
| (2) | The Fund shall be divided into the National Sports Promotion Account and the Account for Prevention and Treatment of Gambling Addiction. <Newly Inserted on Dec. 19, 2017> |
| (3) | The National Sports Promotion Account and the Account for Prevention and Treatment of Gambling Addiction shall be operated and managed as a separate accounting by the Korea Sports Promotion Foundation and the National Gambling Control Commission under Article 4 of the National Gambling Control Commission Act, respectively. <Amended on Dec. 19, 2017> |
| (4) | Matters necessary for operating and managing the Fund shall be determined by Presidential Decree. <Amended on Dec. 19, 2017> |
| Article 20 (Formation of Fund) |
| (1) | The National Sports Promotion Account shall be created with each of the following financial resources and the Account for Prevention and Treatment of Gambling Addiction shall be created in compliance with Article 14-4 of the National Gambling Control Commission Act: <Amended on Feb. 29, 2008; Dec. 23, 2014; May 29, 2016; Dec. 19, 2017> |
| 1. | Contributions by the Government and persons other than the Government; |
| 2. | Revenues from advertising business approved by the Minister of Culture, Sports and Tourism; |
| 3. | Surcharges imposed on admission fees to golf courses (referring to golf courses operated with a membership system; hereinafter the same shall apply); |
| 4. | Revenues from the operation of the National Sports Promotion Account; |
| 6. | Revenues from investment, etc. performed under Article 22 (4) 3 through 5; |
| 8. | Other revenues determined by Presidential Decree. |
| (2) | The Government shall include contributions prescribed in paragraph (1) 1 in the budget expenditure of each fiscal year. |
| (3) | Where a person, other than the Government, makes contributions prescribed in paragraph (1) 1, he or she may make such contributions by specifying their use: Provided, That the contributions shall not be used for assistance to a specific individual. |
| (4) | An entity to operate and manage the accounts under Article 19 (3) may take out loans (including loans from international organizations, foreign countries, or foreigners) or introduce supplies at the expense of each account when necessary to manage the accounts. <Newly Inserted on Dec. 19, 2017> |
[Simple unconstitutionality, 2017Hun-Ga21, December 27, 2019: Article 20 (1) 3 of the previous National Sports Promotion Act (before being wholly amended by Act No. 8344 on April 11, 2007 and amended by Act No. 15261 on December 19, 2017) and Article 20 (1) 3 of the National Sports Promotion Act (amended by Act No. 15261 on December 19, 2017) are all in violation of the Constitution.]
| Article 21 (Business Using Olympic Insignia) |
| (1) | A person who intends to use the Olympic rings or any mark, design or slogan which includes the Olympic rings, or others similar thereto for commercial purposes shall obtain approval from the Korean Sport and Olympic Committee. |
| (2) | The Korean Sport and Olympic Committee may have the Korea Sports Promotion Foundation exercise vicarious authority for the purposes of granting approval under paragraph (1). |
| (3) | Any person who has obtained approval for use under paragraph (1) shall pay relevant fees prescribed by Presidential Decree. |
| Article 22 (Appropriation of Funds) |
| (1) | The National Sports Promotion Account shall be used for the following projects, support, etc. and the Account for Prevention and Treatment of Gambling Addiction shall be used in accordance with the Article 14-4 of the National Gambling Control Commission Act: <Amended on Feb. 17, 2012; Dec. 23, 2014; Mar. 27, 2015; May 29, 2016; Dec. 19, 2017; Feb. 4, 2020; Dec. 8, 2020; Aug. 10, 2021> |
| 1. | Research and development to promote national sports and projects to disseminate the results thereof; |
| 2. | Projects to support the expansion of national sports facilities; |
| 3. | Projects to train players and certified sports leaders; |
| 4. | Projects for improving the welfare of athletes, such as support projects under the Sports Welfare Act; |
| 5. | Advertising and other projects for the creation of the National Sports Promotion Account; |
| 6. | Deleted; <Aug. 10, 2021> |
| 7. | Projects to lend money under Article 17 (2) and (3); |
| 8. | Projects to commemorate the 24th Seoul Olympic Games and the 8th Seoul Paralympic Games; |
| 9. | Deleted; <Dec. 23, 2014> |
| 10. | Operation of and support for the Korean Sport and Olympic Committee, local sports councils, the Korea Paralympic Committee, local sports councils for persons with disabilities, the Korea Anti-Doping Agency, sports-for-all organizations and sports science research institutes, the Korea Sport Ethics Center, and organizations related to fostering athletic talent; |
| 11. | Support for the sports activities of low-income groups; |
| 11-3. | Prevention of violence, such as sexual violence in the sports community, and support for reporting persons and victims; |
| 12. | Other projects prescribed by Presidential Decree for the promotion of sports. |
| (2) | Notwithstanding paragraph (1), an amount corresponding to the allocation ratio prescribed by Presidential Decree in the financial resources created by contributing to the National Sports Promotion Account pursuant to Article 29 (2) may be used for any of the following purposes. In such cases, the timing and methods shall be prescribed by Presidential Decree: <Newly Inserted on Dec. 23, 2014; Dec. 19, 2017> |
| 1. | Support for the renovation and repair of public sports facilities of local governments prescribed by Presidential Decree. In such cases, the ratio of support from the National Sports Promotion Account in the total financial resources to be used for renovation and repair shall be prescribed by Presidential Decree; |
| 2. | Support for organizations holding sports games for which sports betting tickets are issued, promotion of sports games for which sports betting tickets are not issued, and support for projects for the enhancement of fairness in sports. In such cases, projects eligible for support shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism; |
| 3. | Support for the following projects of sports, culture, and arts: |
| (a) | Projects to revitalize school sports; |
| (b) | Projects to revitalize sports teams at schools and workplaces; |
| (c) | Projects for training and support of referees; |
| (d) | Projects to train professionals in sports, culture, and arts; |
| (e) | Projects to promote weak areas in culture and arts; |
| (f) | Other projects especially in need of support for the promotion of sports, culture, and arts. |
| (3) | Where an agency managing the National Sports Promotion Account pursuant to Article 19 (3) (hereinafter referred to as the "account management agency") operates and manages the National Sports Promotion Account, the State or local governments may, in order to support the creation of the National Sports Promotion Account, allow the account management agency to use, profit from, or lease State-owned or publicly-owned facilities, articles, and other property without compensation insofar as it does not obstruct the original use or purpose thereof. <Amended on Dec. 23, 2014; Dec. 19, 2017> |
| (4) | The account management agency may contribute or invest part of the National Sports Promotion Account or part of its facilities, articles, and other property to or in the following funds, business, etc. in order to promote national sports, train youth, or promote the sports industry, or create funds: Provided, That in cases falling under subparagraph 5, such investment can be made only when the Minister of Culture, Sports and Tourism recognizes the portion of the investment made in the sports industry: <Amended on Dec. 23, 2014; May 29, 2016; Dec. 19, 2017> |
| 2. | Basic property of athletic affiliates; |
| 3. | Cycle racing and boat racing business, or comprehensive cable television business; |
| 4. | Establishment, management, and operation of sports facilities under Article 36 (1) 3; |
| Article 22-2 (Requests for Provision of Information and Use of Computer Networks) |
| (1) | Where necessary to verify eligibility to receive support or a subsidy under Article 22 (1) 11 and the appropriateness of the maintenance of such eligibility, the account management agency may request the heads of relevant agencies to provide information prescribed by Presidential Decree, such as information, etc. on family relations, national tax, local tax, land, buildings, health insurance and national pensions, and the head of the agency upon receipt of such request shall comply with the request unless exceptional circumstances exist: Provided, That matters that can be verified through administrative data matching under Article 36 (1) of the Electronic Government Act shall be excluded. <Amended on Dec. 19, 2017; Aug. 10, 2021> |
[This Article Newly Inserted on Feb. 17, 2012]
| Article 22-3 (Evaluation of Performance) |
| (1) | The Minister of Culture, Sports and Tourism shall measure and evaluate the performance in the use of the National Sports Promotion Account for the projects under Article 22 of the previous year and finalize the results by the end of March each year. |
| (2) | The Minister of Culture, Sports and Tourism may entrust the affairs regarding the measurement and evaluation of performance under paragraph (1) to an account management agency in order to efficiently perform such affairs. |
| (3) | Where the Minister of Culture, Sports and Tourism entrusts the measurement and evaluation of performance under paragraph (1) to an account management agency pursuant to paragraph (2), he or she shall determine performance goals and evaluation standards in consultation with the account management agency. |
| (4) | The Minister of Culture, Sports and Tourism shall endeavor to reflect the results of the performance evaluation in the use of the National Sports Promotion Account under paragraph (1) in the fund management plan for the following year. |
| (5) | Other matters necessary for the methods and procedures for performance evaluation, such as filing an objection to the results of performance evaluation, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 3, 2022]
| Article 23 (Collection of Surcharges) |
| (1) | If the account management agency intends to collect a surcharge under Article 20 (1) 3, it shall obtain approval from the Minister of Culture, Sports and Tourism in advance. <Amended on Feb. 29, 2008; Dec. 19, 2017> |
| (2) | No amount of surcharge referred to in paragraph (1) shall exceed 1/10 of an admission fee to a golf course. |
| (3) | Where the account management agency obtains approval under paragraph (1), it shall notify the operator of the relevant golf course as to the details of such approval, and such operator of the relevant golf course in receipt of such notification shall remit surcharges under paragraph (1) collected from the golf course users to the account management agency. <Amended on Dec. 19, 2017> |
| (4) | When the operator of a golf course subject to collection of surcharges under paragraph (3) remits collected surcharges, he or she shall also submit documents related to the collection of surcharges, such as duplicates of surcharge collection books, to the account management agency. <Amended on Dec. 19, 2017> |
| (5) | Matters necessary for the method of collection and time of payment of surcharges, documents related to collection of surcharges, etc. shall be determined by Presidential Decree. |
CHAPTER IV ISSUANCE OF SPORTS BETTING TICKETS
| Article 24 (Business of Issuing Sports Betting Tickets) |
| (1) | The Korea Sports Promotion Foundation may issue sports betting tickets in order to create financial resources necessary for fostering national recreational sports, promotion of sports, etc. |
| (2) | Types of sports betting tickets, betting method, minimum stake per bet, sports games for betting, all kinds of sports games in Korea and other countries, and other necessary matters shall be determined by Presidential Decree: Provided, That the number of times that sports betting tickets can be issued in a year shall be determined by the Korea Sports Promotion Foundation in consultant with the entrusted business entities under Article 25 and approved by the Minister of Culture, Sports and Tourism. <Amended on Apr. 5, 2011> |
| Article 25 (Entrustment of Issuance of Sports Betting Tickets) |
| (1) | In order to efficiently conduct the sports promotion voting ticket issuance project, the Korea Sports Promotion Foundation shall entrust the operation of the sports promotion voting ticket issuance project to a corporation under the Commercial Act, whose issued shares are wholly owned by the Korea Sports Promotion Foundation (hereinafter referred to as "entrusted business entity") with approval from the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Jan. 18, 2022> |
| (2) | An entrusted business entity subject to approval for the entrustment of the sports betting tickets issuance project under paragraph (1) shall satisfy all of the following requirements: <Amended on Jan. 18, 2022> |
| 1. | It is required to have economic and technical means to issue sports betting tickets; |
| 2. | It shall not have any criminal record of having been punished for issuing sports betting tickets or other similar business by false or other unjust means inside or outside Korea; |
| 3. | Other matters prescribed by Presidential Decree. |
| Article 26 (Prohibition of Similar Acts) |
| (1) | No person, other than the Korea Sports Promotion Foundation or an entrusted business entity, may issue sports betting tickets or similar things (or issue them by means of information and communications networks) and provide property or financial benefits (hereinafter referred to as "similar act") to persons who win at the betting. |
| (2) | No person shall engage in any of the following activities: |
| 2. | Providing information concerning sports games for similar acts; |
| 3. | Publicizing similar acts, or mediating or recommending the purchase of sports betting tickets or similar things. |
| (3) | Deleted. <Jan. 28, 2014> |
| (4) | Deleted. <Jan. 28, 2014> |
[This Article Wholly Amended on Feb. 17, 2012]
| (1) | The entrusted business entity shall refund an amount of not less than 50/100 of the sales of sports betting tickets to persons who have purchased sports betting tickets and correctly predicted the results of games, as prescribed by Presidential Decree. |
| (2) | The extinctive prescription of claims for a refund under paragraph (1) shall be complete if the refund is not claimed within one year from the date on which entitlement to such refund commences, and the refunds of which extinctive prescription has completed shall revert to the National Sports Promotion Account. <Amended on Dec. 19, 2017> |
| Article 28 (Operating Expenses) |
| (1) | The Korea Sports Promotion Foundation may acquire an amount equivalent to a percentage of the sales of sports betting tickets, determined by the Minister of Culture, Sports and Tourism, as expenses incurred in implementing the sports betting ticket issuance project and entrusted operation expenses paid to the entrusted business entity. In such cases, the amount shall not exceed 10/100 of the sales of sports betting tickets. <Amended on Feb. 29, 2008; Jan. 18, 2022> |
| (2) | Matters necessary for calculating operating expenses under paragraph (1) shall be determined by Ordinance of the Ministry of Culture, Sports and Tourism. <Newly Inserted on Jan. 18, 2022> |
[Title Amended on Jan. 18, 2022]
| Article 29 (Use of Profits) |
| (1) | The entrusted business entity shall transfer the total revenue from sales of sports betting tickets to the Korea Sports Promotion Foundation, excluding the refunds referred to in Article 27 and expenses incurred in operating the relevant entrusted business under Article 28 each year, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (2) | The Korea Sports Promotion Foundation shall contribute the amount transferred by an entrusted business entity pursuant to paragraph (1) to the National Sports Promotion Account and report the results thereof to the Minister of Culture, Sports and Tourism. <Amended on Dec. 23, 2014; Dec. 19, 2017> |
| (3) | Deleted. <Dec. 23, 2014> |
| (4) | Deleted. <Dec. 23, 2014> |
| Article 30 (Restrictions on Selling and Purchase of Sports Betting Tickets) |
| (1) | No entrusted business entity shall sell a sports betting ticket or issue a refund to any youth as defined under subparagraph 1 of Article 2 of the Youth Protection Act. <Amended on Apr. 5, 2011> |
| (2) | Any of the following persons shall be prohibited from purchasing, arranging for the purchase of or acquiring sports betting tickets: |
| 1. | A business entity who issues sports betting tickets and its entrusted business entity; |
| 2. | A person who is in a position to supervise the issuing of sports betting tickets; |
| 3. | A player, manager, coach, or referee of an authorized sports betting event and an executive officer or employee of an athletic affiliate; |
| 4. | An executive officer or employee of an organization holding an authorized sports betting event; |
| 5. | Other persons engaged in issuing sports betting tickets. |
| (3) | No entrusted business entity shall issue a refund under Article 27 to a person falling under any of the subparagraphs of paragraph (2) (hereafter in this Article referred to as a "person prohibited from receiving a refund"). <Newly Inserted on Feb. 17, 2012; Jun. 20, 2023> |
| 1. | The Minister of Culture, Sports and Tourism; |
| 3. | Athletic affiliates or organizations holding sports events for which sports betting tickets are to be issued; |
| (6) | No entrusted business entity (including a person who sells sports betting tickets according to a contract) shall sell sports betting tickets to one purchaser in excess of the amount prescribed by Presidential Decree within the limit of 200,000 won of the total voting amount in each sequence of issuance. <Newly Inserted on Jan. 18, 2022; Jun. 20, 2023> |
| (7) | No purchaser of sports betting tickets shall purchase the sports betting tickets sold in violation of paragraph (6). <Newly Inserted on Jan. 18, 2022; Jun. 20, 2023> |
| (8) | The scope of persons falling under paragraph (2) 2 and 5 shall be prescribed by Presidential Decree. <Amended on Feb. 17, 2012; Jan. 18, 2022; Jun. 20, 2023> |
[Title Amended on Jan. 18, 2022]
| Article 30-2 (Investigations into Violations Related to Sale of Sports Betting Tickets) |
| (1) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of the Si/Gun/Gu") may conduct investigations into violations under Article 30 (6). <Amended on Jun. 20, 2023> |
| (2) | Where the head of a Si/Gun/Gu deems it necessary for an investigation under paragraph (1), he or she may request a person who sells sports betting tickets to submit materials, such as documents, books and business reports, and so on related to the tickets, or the copies thereof, or require the relevant public official to visit the facilities and places where the tickets are sold and investigate such facilities, books and other documents. |
| (3) | A public official who accesses a relevant place and conducts an investigation pursuant to paragraph (2) shall carry an identification indicating his or her authority and present it to relevant persons. |
[This Article Newly Inserted on Jan. 18, 2022]
| Article 31 (Approval of Business Plans and Supervision) |
| (1) | The Korea Sports Promotion Foundation shall have the entrusted business entity submit a plan for issuing sports betting tickets and budgetary documents on revenues and expenditures for the following year and obtain approval from the Minister of Culture, Sports and Tourism therefor by the end of each year. The same shall apply where it intends to make modifications thereto. <Amended on Feb. 29, 2008> |
| (2) | The entrusted business entity shall submit reports on the results of business and settlement of accounts to the Minister of Culture, Sports and Tourism through the Korea Sports Promotion Foundation within two months from the closing date of each business year. <Amended on Feb. 29, 2008> |
| (3) | Where the Minister of Culture, Sports and Tourism deems it necessary for the enforcement of this Act, he or she may issue an order or take measures necessary for the supervision of the entrusted business entity. <Amended on Feb. 29, 2008; Aug. 8, 2023> |
| Article 32 (Nullification of Sale of Sports Betting Tickets) |
| (1) | Where a certain number of sports events subject to the issuance of sports betting tickets fails to be held after the sale of the relevant sports betting tickets while such sports events are to be held or it is impossible to determine the outcomes of such sports events despite being held, the sale of such sports betting tickets may be nullified or a particular instance in which a person has correctly predicted the outcome of such sport events, may be established as prescribed by Presidential Decree. |
| (2) | Any person who has purchased a sports betting ticket, the sale of which has been nullified under paragraph (1) may claim the refund of the purchase price to the entrusted business entity. |
| (3) | The period of prescription of a claim for the refund of the purchase price under paragraph (2) shall expire unless it is exercised within one year following the date on which the sale of the relevant sports betting ticket is nullified, and the amount of such purchase price shall revert to the National Sports Promotion Account. <Amended on Dec. 19, 2017> |
CHAPTER V FOSTERING OF SPORTS ORGANIZATIONS
| Article 33 (Korean Sport and Olympic Committee) |
| (1) | The Korean Sport and Olympic Committee (hereinafter referred to as the "KSOC") shall be established by obtaining authorization from the Minister of Culture, Sports and Tourism to conduct the following business activities and affairs related to the promotion of sports: <Amended on Feb. 29, 2008; Mar. 18, 2009; Jan. 28, 2014; Mar. 27, 2015; Dec. 8, 2020> |
| 1. | Guidance and support for the business activities and affairs of athletic affiliates, sports-for-all organizations, etc., affiliated with the KSOC; |
| 2. | Organization and international exchange of sports meets; |
| 3. | Promotion of professional sports, such as fostering of players and enhancing of their performance; |
| 4. | Improvement of welfare of athletes; |
| 5. | Support for retired players of national teams; |
| 5-2. | Development and dissemination of sports-for-all programs; |
| 5-3. | Support for activities performed by sports clubs and affinity sports groups; |
| 5-4. | Surveys and research on promotion of sports for all; |
| 5-5. | Business activities to connect both professional sports and sports for all; |
| 6. | Other business activities necessary to promote sports. |
| (2) | For the purposes of covering expenses necessary for achieving the purposes under paragraph (1), the KSOC may conduct profit-making business activities, as prescribed by Presidential Decree. |
| (3) | The KSOC shall be a corporate entity. |
| (4) | The KSOC may have branch offices, sub-branch offices, or overseas sub-branch offices, as prescribed by the articles of association. |
| (5) | Matters necessary for members and collection of membership fees of the KSOC shall be prescribed by the articles of association. |
| (6) | A president from among the executive officers of the KSOC shall be appointed by vote as prescribed by the articles of association after obtaining approval from the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; May 18, 2015> |
| (7) | The KSOC shall entrust the management of election of the president under paragraph (6) to the National Election Commission established under the Election Commission Act as prescribed by the articles of association. <Newly Inserted on May 18, 2015> |
| (8) | Except as provided in this Act, the provisions of the Civil Act pertaining to incorporated associations shall apply mutatis mutandis to the KSOC. <Amended on May 18, 2015> |
[Title Amended on Dec. 18, 2020]
| Article 33-2 (Local Sports Councils) |
| (1) | Local sports councils shall be established with authorization from the head of the competent local government to conduct the following business and activities related to the promotion of sports in the local community: |
| 1. | Guidance and support for the business and activities of sports organizations, sports-for-all organizations, etc., affiliated with the local sports councils; |
| 2. | Holding sports competitions in a region and international exchanges; |
| 3. | Participation in sports events held by the KSOC; |
| 4. | Promotion of local professional sports, such as fostering of players and enhancing of their performance; |
| 5. | Improving the welfare of athletes in a region; |
| 6. | Development and dissemination of sports-for-all programs in a region; |
| 7. | Support for activities of local sports clubs and sports club organizations; |
| 8. | Surveys and research on promotion of sports for all; |
| 9. | Promotion and connected business of school sports, professional sports and sports for all in a region; |
| 10. | Management and operation of sports facilities in a region; |
| 11. | Sports and cultural projects such as discovering and spreading local sports history; |
| 12. | Other matters necessary for the promotion of sports in a region. |
| (2) | A local sports council shall be a corporation. |
| (3) | The name of a local sports council shall be determined by attaching the "sports council" to the name of the local government that has established the relevant local sports council. |
| (4) | A City/Do sports council among local sports councils shall be qualified to be a member of the KSOC as prescribed by the articles of association of the KSOC, and a Si/Gun/Gu sports council shall be qualified to be a member of the relevant City/Do sports council as prescribed by the articles of association of the relevant City/Do sports council. |
| (5) | Matters necessary for members and collection of membership fees of a local sports council shall be prescribed by the articles of association. |
| (6) | The chairperson, from among the executive officers of a local sports council, shall be elected by vote, as prescribed by the articles of association. |
| (7) | A local sports council shall entrust the management of the election of the chairperson under paragraph (6) to the City/Do, Si/Gun/Gu Election Management Committee under the Election Commission Act. |
| (8) | Except as provided in this Act, the provisions on incorporated foundations in the Civil Act shall apply mutatis mutandis to a local sports council. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 34 (Korea Paralympic Committee) |
| (1) | The Korea Paralympic Committee (hereinafter referred to as the "KPC") shall be established upon authorization of the Minister of Culture, Sports and Tourism to conduct the following businesses and activities related to the promotion of sports for persons with disabilities: <Amended on Feb. 29, 2008> |
| 1. | Guidance and support for the business activities and affairs of athletic affiliates of persons with disabilities; |
| 2. | Organization and international exchange of sports meets for persons with disabilities; |
| 3. | Promotion of professional sports for persons with disabilities, such as fostering of players with disabilities and enhancing of their performance; |
| 4. | Fostering and propagation of sports-for-all for persons with disabilities; |
| 5. | Improvement of the welfare of players with disabilities, certified sports leaders with disabilities, and persons of distinguished service to the sports community for persons with disabilities; |
| 6. | Other businesses necessary for the promotion of sports for persons with disabilities. |
| (2) | For the purposes of covering expenses necessary for the achievement of the purposes under paragraph (1), the KPC may engage in profit-making business activities, as prescribed by Presidential Decree. |
| (3) | The KPC shall be a corporate entity. |
| (4) | The KPC may have local sports councils for persons with disabilities as its branch offices, sub-branch offices or overseas sub-branch offices, as prescribed in the articles of association. In such cases, the name of a local sports council for persons with disabilities shall be determined by attaching the "sports council for persons with disabilities" to the name of the local government that has established the relevant local sports council for persons with disabilities. <Amended on Dec. 8, 2020> |
| (5) | Matters necessary for members and the collection of membership fees of the KPC shall be determined by the articles of association. |
| (6) | The KPC shall have a president, vice president, directors and an auditor as its officers. |
| (7) | The number, term of office, method of election, etc. of the officers provided in paragraph (6) shall be determined by the articles of association: Provided, That a president shall be elected by vote as prescribed by the articles of association and he or she takes office after obtaining approval from the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; May 18, 2015> |
| (8) | The KPC shall entrust the National Election Commission established under the Election Commission Act with the management of election of a president under the proviso to paragraph (7) as prescribed by the articles of association. <Newly Inserted on May 18, 2015> |
| (9) | Except as provided in this Act, the provisions of the Civil Act pertaining to incorporated associations shall apply mutatis mutandis to the KPC. <Amended on May 18, 2015> |
| Article 35 (Establishment of Korea Anti-Doping Agency) |
| (1) | The Korea Anti-Doping Agency (hereinafter referred to as the "Anti-Doping Agency") shall be established upon the authorization of the Minister of Culture, Sports and Tourism to engage in the following doping-related business activities and affairs: <Amended on Feb. 29, 2008> |
| 1. | Education, public relations, collection of information and research for anti-doping; |
| 2. | Establishment and implementation of doping test programs; |
| 3. | Management of test results and imposing sanctions according to such results; |
| 4. | Exchanges and cooperation for the prevention of doping inside and outside Korea; |
| 5. | Establishment of permissible levels for the exceptional use of the drugs and methods under subparagraph 10 of Article 2 for the purpose of medical treatment, and implementation thereof; |
| 6. | Other business activities and affairs necessary for anti-doping. |
| (2) | The Anti-Doping Agency shall be a corporate entity. |
| (3) | The Anti-Doping Agency shall be comprised of not more than 11 members, including one chairperson and one vice chairperson, and the term of office, method of election, etc. of members shall be determined by the articles of association. |
| (4) | For the purposes of covering expenses incurred in conducting business activities and affairs referred to in paragraph (1), the Anti-Doping Agency may engage in profit-making business activities, as prescribed by Presidential Decree. |
| (5) | Except as provided in this Act, the provisions of the Civil Act pertaining to incorporated foundations shall apply mutatis mutandis to the Anti-Doping Agency. |
| (6) | If necessary for the performance of its duties, the Anti-Doping Agency may request relevant administrative agencies or relevant agencies or organizations agencies to dispatch their public officials or employees or executive officers. |
| Article 35-2 (Doping Tests of Racers) |
Any player registered with an athletic affiliate shall undergo a doping test conducted by the Anti-Doping Agency as prescribe by Ordinance of the Minister of Culture, Sports and Tourism. In such cases, guidelines and methods for selecting persons subject to doping tests shall be determined by the Anti-Doping Agency.
[This Article Newly Inserted on May 18, 2015]
| Article 36 (Korea Sports Promotion Foundation) |
| (1) | For the purposes of commemorating the 24th Seoul Olympic Games and performing the following activities to promote national sports, the Korea Sports Promotion Foundation (hereinafter referred to as the "Promotion Foundation") shall be established upon the authorization of the Minister of Culture, Sports and Tourism: <Amended on Feb. 29, 2008; Dec. 19, 2017; Aug. 10, 2021> |
| 1. | Project for the commemoration of the 24th Seoul Olympic Games; |
| 2. | Creation, management and operation of the National Sports Promotion Account and projects related thereto; |
| 3. | Establishment and management of sports facilities and performance of operational business, such as the acquisition, lease, etc. of real estate belonging thereto; |
| 4. | Research into sports science; |
| 5. | Welfare projects for the whole field of sports (including athletes); |
| 6. | Other projects acknowledged by the Minister of Culture, Sports and Tourism. |
| (2) | The Promotion Foundation shall be a corporate entity. |
| (4) | The Promotion Foundation may collect admission fees from persons who enter the sports facilities referred to in paragraph (1) 3 which are established for the 24th Seoul Olympic Games to cover the expenses incurred in maintaining and managing such facilities. |
| (5) | Deleted. <Jan. 18, 2022> |
| Article 37 (Executive Officers) |
The Promotion Foundation shall have not more than 15 directors, including one Chairperson, and one auditor.
[This Article Wholly Amended on Dec. 23, 2014]
| Article 38 Deleted. <Dec. 23, 2014> |
| Article 39 (Supervision of Accounts) |
| (1) | The Promotion Foundation shall obtain approval from the Minister of Culture, Sports and Tourism for its business plan and budget each fiscal year as prescribed by Presidential Decree. <Amended on Feb. 29, 2008> |
| (2) | The Promotion Foundation shall submit reports on the performance of its business and settlement of accounts, to the Minister of Culture, Sports and Tourism within two months from the end of each fiscal year. <Amended on Feb. 29, 2008> |
| (3) | The Minister of Culture, Sports and Tourism may inspect business activities or financial status of the Promotion Foundation or issue orders necessary for supervisory purposes. <Amended on Feb. 29, 2008; Aug. 8, 2023> |
| Article 40 (Borrowing Funds) |
When necessary for the achievement of the purposes of business, the KSOC, the KPC, the Anti-Doping Agency or the Promotion Foundation may borrow funds (including the borrowing of funds from international organizations, foreign governments or foreigners) or import materials, upon approval of the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008>
| Article 41 (Tax Reduction and/or Exemption) |
| (2) | A special case of inclusion of income shall apply to property donated to the KSOC or contributed or donated to the Promotion Foundation as prescribed in the Restriction of Special Taxation Act. |
| (3) | Where the KSOC, the KPC, the Anti-Doping Agency, or the Promotion Foundation acquires movable or immovable property for its operation or activities, it shall be exempted from the obligation to purchase various kinds of bonds, etc. to be purchased under relevant statutes in accordance with the precedents of State agencies. |
| Article 42 (Prohibition from Use of Similar Names) |
No person, other than the KSOC, local sports councils, the KPC, local sports councils for persons with disabilities, the Anti-Doping Agency or the Promotion Foundation, shall be allowed to use the words "Korean Sport and Olympic Committee", "local sports councils", "Korea Paralympic Committee", "local sports councils for persons with disabilities", "Korea Anti-Doping Agency" "Korea Sports Promotion Foundation" or any name similar thereto in his or her business title. <Amended on Mar. 27, 2015; Dec. 8, 2020>
| (1) | The Minister of Culture, Sports and Tourism shall supervise the KSOC, the KPC, the Anti-Doping Agency and the Promotion Foundation. <Amended on Feb. 29, 2008; Dec. 8, 2020> |
| (2) | The head of a local government who has authorized the establishment of a local sports council shall supervise the local sports council. <Newly Inserted on Dec. 8, 2020> |
| Article 43-2 (Prohibition on Dual Office Holding of Head of Sports Organization) |
The head of a sports organization falling under subparagraph 9 (a) through (f) of Article 2 (excluding the Korea Paralympic Committee and local sports councils for persons with disabilities) shall not concurrently serve as the head of a local government, the superintendent of education, or a local council member. <Amended on Dec. 8, 2020; Sep. 14, 2023> [This Article Newly Inserted on Jan. 15, 2019]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 44 (Reporting and Inspection) |
| (1) | The Minister of Culture, Sports and Tourism or the heads of local governments may, if necessary for the enforcement of this Act, order the KSOC, a local sports council, the KPC, the Promotion Foundation, entrusted business entities and others, such as sports organizations and places of work, under the regulation of this Act to report on the performance of their duties, or may have public officials belonging thereto enter such offices, places of business, etc. and inspect relevant books of account, documents, or other materials. <Amended on Feb. 29, 2008; Dec. 8, 2020> |
| (2) | A public official conducting the duty of inspection under paragraph (1) shall carry a certificate indicating his or her authority and present it to relevant persons. |
Where any of the following cases arises, the Minister of Culture, Sports and Tourism shall hold a hearing: <Amended on May 28, 2014>
| 1. | Where he or she intends to cancel the designation of a designated institution pursuant to Article 11-4 (1); |
| 2. | Deleted; <Dec. 8, 2020> |
| 3. | Where he or she intends to revoke the designation of a certification institution pursuant to Article 16-2 (4); |
| 4. | Where he or she intends to cancel the designation of an exemplary manufacturer pursuant to Article 17 (7). |
[This Article Wholly Amended on Feb. 17, 2012]
| Article 45-2 (Awarding Monetary Rewards) |
| (1) | The Promotion Foundation may award monetary rewards to those who report or accuse any of the following persons to the relevant administrative agency, the Promotion Foundation, an entrusted business entity, or an investigative agency: <Amended on Jan. 28, 2014; Jan. 18, 2022> |
| 3. | A person who plays for money by committing an act prohibited under Article 26 (1); |
| 5. | A person who fraudulently or forcibly interferes with the fair performance of an authorized sports betting event. |
| (2) | Matters necessary for the standards, methods and procedures for granting monetary rewards under paragraph (1), specific amount of monetary rewards, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted on Feb. 17, 2012]
| Article 45-3 (Cooperation from Related Agencies) |
| (1) | (1) The Minister of Culture, Sports and Tourism may request the Commissioner General of the Korean National Police Agency to inquire about criminal records provided for in Article 6 of the Act on the Lapse of Criminal Sentences in order to issue a certificate of qualification under Article 11 (2), revoke or suspend qualification under Article 12 (1), and prohibit activities of professional sports athletes, etc. such as participation under Article 14-4. <Amended on Aug. 18, 2020; Aug. 10, 2021; Jan. 18, 2022> |
| (2) | The Minister of Culture, Sports and Tourism may request the heads of relevant agencies, such as sports organizations, to provide necessary data in order to perform the duties under paragraph (1). |
| (3) | Upon receipt of a request under paragraph (1) or (2), the head of a relevant agency shall comply therewith in the absence of justifiable grounds for non-compliance. |
[This Article Newly Inserted on Feb. 4, 2020]
| Article 46 (Delegation or Entrustment of Authority) |
The Minister of Culture, Sports and Tourism may partially delegate of his or her authority provided in this Act to the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor or the superintendent of education of the Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province, or may entrust it to the relevant administrative agency or organization, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Feb. 17, 2012>
| Article 46-2 (Re-Examination of Regulation) |
The Minister of Culture, Sports and Tourism shall examine the appropriateness of restrictions on the amount appropriated under the latter part of Article 28 (1) every three years from January 1, 2015 (referring to the period that ends on January 1 of every third year) and take measures, such as making improvements. <Amended on Jan. 18, 2022> [This Article Newly Inserted on Dec. 23, 2014]
| Article 46-3 (Legal Fiction as Public Official in Application of Penalty Provisions) |
| 1. | Persons who are not public officials among the members of the Korea Sports Ethics Center; |
| 2. | A person who is not a public official from among persons engaged in the duties entrusted pursuant to Article 18-10 (1); |
| 3. | A person who is not a public official from among the persons engaged in the duties entrusted pursuant to Article 46. |
[This Article Newly Inserted on Aug. 18, 2020]
| Article 47 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won: <Amended on Jan. 28, 2014; Jan. 18, 2022>
[This Article Wholly Amended on Feb. 17, 2012]
| Article 48 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Jan. 28, 2014; Jan. 18, 2022>
| 3. | A person who plays for money by committing an offense prohibited under Article 26 (1); |
| 4. | A person who performs an act under Article 26 (2) 1; |
| 6. | A person who fraudulently or forcibly interferes with the fair performance of an authorized sports betting event. |
[This Article Wholly Amended on Feb. 17, 2012]
| Article 49 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
| 1. | A person who engages in any activity referred to in Article 26 (2) 2 or 3; |
[This Article Wholly Amended on Feb. 17, 2012]
| Article 49-2 (Penalty Provisions) |
A person who divulges or provides information learned while performing his or her duties in violation of Article 18-10 (3) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on Feb. 4, 2020; Aug. 18, 2020> [This Article Newly Inserted on Dec. 20, 2016]
| Article 50 Deleted. <Feb. 17, 2012> |
| Article 51 (Confiscation and Additional Collection) |
| (1) | Devices, equipment or other things that a person punished pursuant to subparagraph 2 of Article 47 owns or holds with intent to commit any similar offense, and property that the person obtains by committing any similar offense shall be confiscated. <Amended on Jan. 28, 2014> |
| (2) | Property under subparagraph 1 of Article 47 and subparagraphs 1 and 2 of Article 48 shall be confiscated. <Amended on Jan. 28, 2014> |
| (3) | Where it is impossible to confiscate things or property pursuant to paragraphs (1) and (2) or a person has obtained property benefits, the value equivalent thereto shall be additionally collected. |
[This Article Wholly Amended on Feb. 17, 2012]
| Article 52 (Concurrent Imposition of Suspension of Qualification) |
Any person who violates subparagraph 1 of Article 47 and subparagraphs 1 and 2 of Article 48 shall be punished by the suspension of qualification for a period of up to 10 years in addition to the punishments provided in the respective provisions. <Amended on Feb. 17, 2012; Jan. 28, 2014>
| Article 53 (Concurrent Imposition of Imprisonment with Labor and Fines) |
Any person who violates Articles 47 through 49 may be punished by both imprisonment with labor and a fine. <Amended on Aug. 8, 2023> [This Article Wholly Amended on Feb. 17, 2012]
| Article 54 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent, employee or worker employed by a corporation or individual commits a violation referred to in subparagraph 2 of Article 47 in connection with the affairs of such corporation or individual, not only shall such violator be punished accordingly, but also the corporation or individual shall be punished by a fine prescribed under the relevant provisions: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such violation, this shall not apply. <Amended on Jan. 28, 2014> [This Article Wholly Amended on Feb. 17, 2012]
| Article 55 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding ten million won: <Newly Inserted on Aug. 18, 2020; Dec. 8, 2020; Jan. 18, 2022> |
| 1. | A person who fails to submit necessary data, in violation of Article 18-13 (2), or fails to publish information related to disciplinary action, in violation of paragraph (3) of that Article or falsely publishes such information; |
| 2. | A person who, in violation of Article 30-2 (2), has failed to submit related data or copies thereof or has falsely submitted them, or has refused, obstructed, or evaded access or investigation by relevant public officials. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Dec. 19, 2017; Aug. 18, 2020; Jan. 18, 2022; Jun. 20, 2023> |
| 1. | A person who has failed to submit documents related to payment of surcharges to an account management agency or submitted false documents in violation of Article 23 (4) without justifiable grounds; |
| 2. | A person who has sold sports betting tickets in excess of the sales limit, in violation of Article 30 (6). |
| (3) | Any person who violates Article 10 (3), 21 (1), 29 (1), or 31 (1) or (2) shall be punished by an administrative fine not exceeding two million won. <Amended on Aug. 18, 2020> |
| (4) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended on Aug. 18, 2020; Dec. 8, 2020> |
| 1. | A person who has treated a certified sports leader unfavorably in violation of Article 11-6 (2); |
| 3. | Any person who has failed to submit a report under Article 44 (1) or has submitted a false report; |
| 4. | Any person who has refused, interfered with or evaded an inspection under Article 44 (1). |
| (5) | The Minister of Culture, Sports and Tourism or the heads of local governments shall impose and collect administrative fines under paragraphs (1) through (4), as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Aug. 18, 2020> |
ADDENDA <Act No. 8344, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 10 of Article 2 and Articles 11 (2), 12, 15, 18 (2), 22 (1) 10, 35, 40, 41 (3), 42, 43, and 44 (1) shall enter into force on April 27, 2007. Article 2 (Transitional Measures concerning Enforcement Date)
Before the amended provisions of Articles 18 (2), 22 (1) 10, 40, 41 (3), 42, 43 and 44 (1) enter into force, the former provisions equivalent thereto of Articles 17 (2), 20 (1) 10, 25, 26 (3), 27, 28, and 29 (1) shall remain in force in accordance with the proviso to Article 1 of this Addenda. Article 3 (Applicability to Term of Office of Auditors)
The amended provisions of Article 24-2 (3) of the National Sports Promotion Act (Act No. 7234), shall apply, starting from the auditors in office as at the time such provisions enter into force. In such cases, the term of office taken by auditors under the former provision as at the time the same Act is in force shall be added thereto. Article 4 (Transitional Measures concerning the Korea Anti-Doping Agency)
| (2) | Upon obtaining authorization under paragraph (1), the Korea Anti-Doping Foundation shall register for establishment of the Korea Anti-Doping Agency under the National Sports Promotion Act (Act No. 8276). |
| (3) | Upon completion of registration for establishment of the Korea Anti-Doping Agency under paragraph (2), the Korea Anti-Doping Foundation shall be deemed dissolved, despite the provisions of the Civil Act pertaining to the dissolution and liquidation of juristic persons. |
| (4) | The Korea Anti-Doping Agency established under the National Sports Promotion Act (Act No. 8276), shall succeed to all the rights, obligations, and property of the Korea Anti-Doping Foundation on the date of registration of its establishment. |
| (5) | The executive officers and employees of the Korea Anti-Doping Foundation as of April 27, 2007 on which the National Sports Promotion Act (Act No. 8276) enters into force shall be deemed those of the Korea Anti-Doping Agency established under the same Act, and the term of office of any of the executive officers shall be calculated from the date he/she was appointed pursuant to the previous provisions. |
Article 5 (Transitional Measures concerning the Regional Sports Promotion Councils, etc.)
The regional sports promotion councils, the National Sports Promotion Fund, sports betting tickets, the KOC, and the Seoul Olympic Sports Promotion Foundation under the former provisions as at the time this Act enters into force shall be deemed the regional sports promotion councils, the National Sports Promotion Fund, sports betting tickets, the KOC, and the Seoul Olympic Sports Promotion Foundation under this Act, respectively.
Article 6 (General Transitional Measures concerning Dispositions, etc.)
Acts conducted by or in relation to administrative agencies under the former provisions as at the time this Act enters into force shall be deemed acts conducted by or in relation to administrative agencies corresponding thereto under this Act.
Article 7 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
For the purposes of the penalty provisions or administrative fines for acts committed before this Act enters into force, the former provisions shall prevail.
Article 8 Omitted.
Article 9 (Relationship to Other Statutes or Regulations)
Where the former National Sports Promotion Act or the provisions thereof are cited by other statutes, as at the time this Act enters into force, if this Act includes the provisions corresponding thereto, this Act or the corresponding provisions shall be deemed cited in lieu of the former provisions.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9490, Mar. 18, 2009>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability) The amended provisions of Article 17 (5) and (6) shall apply from the first application submitted after this Act enters into force. |
ADDENDA <Act No. 9976, Jan. 27, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Period of Validity) The amended provisions of Article 29 (2) 1 shall remain effective until December 31, 2014. |
ADDENDUM <Act No. 10557, Apr. 5, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11309, Feb. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 10 (3) and (4), 12, 13 (3), 45 and 45-2 shall enter into force six months after the date of its promulgation, and the amended provisions of subparagraph 6 of Article 2, Article 11, and Articles 11-2 through 11-4 shall enter into force on January 1, 2015. Article 2 (Transitional Measures concerning Qualification of Certified Sports Leaders)
Sports leaders certified under the former provisions of subparagraph 6 of Article 2 as at the time the amended provisions of subparagraph 6 of Article 2 enters into force shall be deemed certified sports instructors or certified fitness trainers pursuant to the amended provisions of subparagraph 6 (a) and (b) of Article 2, as prescribed by Presidential Decree. Article 3 (Transitional Measures concerning Ground for Disqualification of Certified Sports Leaders)
Where a certified sports leader is disqualified under the amended provisions of Article 11-5 for a reason occurred before this Act enters into force as at the time this Act enters into force, the former provisions shall apply, notwithstanding such amended provisions. Article 4 (Transitional Measures concerning Penalty Provisions)
For the purposes of the penalty provisions, the former penalty provisions shall apply to acts committed before this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12348, Jan. 28, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12690, May 28, 2014>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 12856, Dec. 23, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on 1/1/2015.
Article 2 Omitted.
ADDENDA <Act No. 13246, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Preparation for Establishment of the KSOC)
| (1) | The Minister of Culture, Sports and Tourism shall organize a preparatory committee in order to manage affairs concerning the establishment of the KSOC (hereinafter referred to as the "preparatory committee") within three months from the promulgation date of this Act. |
| (2) | The preparatory committee shall consist of up to fifteen members commissioned or appointed by the Minister of Culture, Sports and Tourism, and the chairperson of the preparatory committee shall be elected from among and by the committee members. |
Article 3 (Procedures for Establishment of the KSOC)
| (1) | The preparatory committee shall prepare the articles of association of the KSOC and obtain authorization from the Minister of Culture, Sports and Tourism by the lapse of one year after this Act is promulgated. |
| (2) | Upon obtaining authorization of the articles of association from the Minister of Culture, Sports and Tourism, the president of the KSOC as at the time of its establishment shall be elected as prescribed by the articles of association and obtain approval therefor from the Minister of Culture, Sports and Tourism. |
| (3) | Where the preparatory committee has obtained authorization under paragraph (1), it shall register for the establishment of the KSOC with joint signature without delay and then transfer its affairs to the president elected under paragraph (2). |
| (4) | Where the transfer of affairs referred to in paragraph (3) is completed, the preparatory committee shall be deemed dissolved and the members of the preparatory committee shall be deemed dismissed. |
Article 4 (Transitional Measures concerning the KOC and the Korea Council of Sports for All)
| (2) | The value of the property to be succeeded to by the KSOC under paragraph (1) shall be the book value thereof on the day immediately before the date on which the establishment of the KSOC is registered under paragraph (1). |
| (3) | The name of the KOC or the KOCOSA indicated in the register and other official records, as at the time this Act enters into force, shall be deemed the name of the KSOC. |
Article 5 (Transitional Measures concerning Executive Officers or Employees)
| (1) | The terms of office of the executive officers of the KOC and the KOCOSA as at the time this Act enters into force shall be deemed expired when both are deemed dissolved under Article 4 of the Addenda. |
| (2) | Employees of the KOC and the KOCOSA as at the time this Act enters into force shall be deemed those employed by the KSOC. |
Article 6 (Transitional Measures concerning Public Officials, Executive Officers, or Employees Dispatched to the KOC and the KOCOSA)
Public officials, executive officers, or employees dispatched from the State, local governments, juristic persons, or other organizations to the KOC and the KOCOSA, as at the time this Act enters into force, shall be deemed those dispatched to the KSOC.
Article 7 (Transitional Measures concerning Acts Previously Performed)
Acts performed by the KOC and the KOCOSA as at the time this Act enters into force shall be deemed performed by the KSOC.
Article 8 Omitted.
Article 9 (Relationship to Other Statutes or Regulations)
Where the KOC or the provisions of the previous National Sports Promotion Act concerning the KOC is cited by other Acts)statutes, as at the time this Act enters into force, if this Act includes the provisions corresponding thereto, this Act or the corresponding provisions shall be deemed cited in lieu of the previous provisions.
ADDENDA <Act No. 13302, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Management of Election)
Notwithstanding the amended provisions of Articles 33 (7) and 34 (8), the previous provisions thereof shall govern the management of an election, the voting day of which is publicly announced before this Act enters into force.
ADDENDUM <Act No. 13959, Feb. 3, 2016>
ADDENDUM <Act No. 14202, May 29, 2016>
This Act shall enter into force on August 4, 2016.
ADDENDUM <Act No. 14426, Dec. 20, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14624, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Grounds for Disqualification of the Incompetent, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 11-5, the previous provisions shall govern a person who has been declared incompetent or quasi-incompetent as at the time this Act enters into force and for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 15261, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Article 2 (Applicability to Preparation of Plan for Management of National Sports Promotion Fund, etc.)
Preparation and submission of a plan to manage the Fund under the amendments to Article 19 shall apply beginning from fiscal year 2018. Article 3 (Transitional Measures concerning National Sports Promotion Fund)
Assets, claim and obligation, and other rights and liabilities belonging to the Fund as at the time this Act enters into force shall be succeeded to the National Sports Promotion Account under the amendments to Article 19 (2).
ADDENDUM <Act No. 16225, Jan. 15, 2019>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 43-2 shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 16931, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation for Establishment of the Korea Sport Ethics Center)
| (1) | The Minister of Culture, Sports and Tourism may make arrangements necessary for establishing and operating the Korea Sport Ethics Center under the amended provisions of Article 18-3, before this Act enters into force. |
| (2) | In order to conduct the affairs related to the establishment of the Korea Sport Ethics Center, the Minister of Culture, Sports and Tourism shall organize a steering group for incorporation of the Korea Sport Ethics Center (hereinafter referred to as the "steering group for incorporation") |
| (3) | The steering group for incorporation shall be comprised of and operated by not more than five incorporators commissioned by the Minister of Culture, Sports and Tourism. |
| (4) | The steering group for incorporation shall prepare the articles of incorporation of the Korea Sport Ethics Center, obtain authorization from the Minister of Culture, Sports and Tourism, register incorporation thereof under a joint name of incorporators, and transfer their duties to the chairperson of the Korea Sport Ethics Center. |
| (5) | When the transfer of duties under paragraph (4) is completed, the steering group for incorporation shall be deemed dissolved and incorporators dismissed. |
Article 3 (Applicability to Grounds for Disqualification of Certified Sports Leaders)
The amended provisions of subparagraphs 4 and 5 of Article 11-5 shall begin to apply to a person for whom a decision on sentence or medical treatment and custody becomes final and conclusive after this Act enters into force. Article 4 (Applicability to Disqualification of Certified Sports Leaders)
The amended provisions of Article 12 (1) shall begin to apply to any ground for cancellation or suspension of qualification which arises after this Act enters into force. Article 5 (Applicability to Withdrawal of Grants for Encouragement)
The amended provisions of Article 18-7 shall begin to apply to a grant for encouragement paid after this Act enters into force.
ADDENDUM <Act No. 17400, Jun. 9, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17480, Aug. 18, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17580, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation for Establishment of Local Sports Councils)
| (1) | The head of a City/Do sports council and the head of a Si/Gun/Gu sports council in accordance with the articles of association of the KSOC under Article 33 (5) as at the time this Act enters into force shall organize a preparatory committee (hereinafter referred to as "preparatory committee") to perform administrative affairs for the establishment of the local sports council within 30 days from the date of promulgation of this Act. |
| (2) | A preparatory committee shall be comprised of not more than five members appointed or commissioned by the head of the relevant City/Do sports council or Si/Gun/Gu sports council. |
| (3) | A preparatory committee shall prepare the articles of association for each local sports council and obtain authorization from the head of the competent local government by affixing his or her name and seal or signature thereon. In such cases, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") shall have a prior consultation with the Minister of Culture, Sports and Tourism, and the head of a Si/Gun/Gu shall do so with the competent Mayor/Do Governor, to grant authorization. |
| (4) | After obtaining authorization under paragraph (3), a preparatory committee shall file for registration for establishment of a local sports council under joint signature without delay. |
| (5) | After registration for establishment under paragraph (4), a preparatory committee shall transfer the administrative affairs to the head of a City/Do sports council or the head of a Si/Gun/Gu sports council. |
| (6) | A preparatory committee and its members shall be deemed dissolved or dismissed when the transfer of administrative affairs is completed under paragraph (5). |
Article 3 (Preparation for Establishment of Incorporated Sports Association)
| (1) | A City/Do sports council or a Si/Gun/Gu sports council which is an incorporated association established by obtaining permission from the competent authorities pursuant to Article 32 of the Civil Act at the time this Act enters into force (hereafter referred to as "incorporated sports council" in this Article) shall formulate the articles of association of the local sports council upon resolution by each general meeting within six months from the date of promulgation of this Act and obtain authorization from the head of a local government. |
| (2) | An incorporated sports council, upon obtaining authorization under paragraph (1), shall file for registration of the establishment of a local sports council. |
| (3) | Where an incorporated sports council completes registration of establishment pursuant to paragraph (2), notwithstanding the provisions on the dissolution and liquidation of juristic persons in the Civil Act, it shall be deemed to have been dissolved. |
| (4) | All rights, obligations and property of an incorporated sports council, which is deemed to have been dissolved pursuant to paragraph (3), shall be succeeded to by the relevant local sports council. |
Article 4 (Applicability to Disqualification of Certified Sports Leaders)
The amended provisions of Article 12 (1) shall begin to apply to where grounds for revocation or suspension of qualification of a certified sports leader occur after this Act enters into force. Article 5 (Transitional Measures concerning Change in Names)
| (1) | The KSOC as at the time this Act enters into force shall be deemed the Korean Sport and Olympic Committee under this Act. |
| (2) | The branches and sub-branches of the Korea Paralympic Committee at the time this Act enters into force shall be deemed the local sports councils for persons with disabilities, respectively. |
| (3) | The name of the KSOC indicated in the register and other official records, as at the time this Act enters into force, shall be deemed the name of the Korea Sports and Olympic Committee. |
Article 6 (Transitional Measures concerning Acts Previously Conducted)
| (1) | Any act conducted by the KSOC as at the time this Act enters into force shall be deemed conducted by the Korean Sport and Olympic Committee. |
| (2) | Any act conducted by the Korea Paralympic Committee as at the time this Act enters into force shall be deemed conducted by local sports councils for persons with disabilities. |
Article 7 (Transitional Measures concerning Local Sports Councils)
| (1) | The executive officers and employees of the KSOC at the time this Act enters into force shall be deemed executive officers and employees of local sports councils under this Act, and the term of office of the executive officers shall be reckoned from the date they were appointed. |
| (2) | Any act conducted by the branches and sub-branches of the KSOC as at the time this Act enters into force shall be deemed conducted by local sports councils. |
Article 8 Omitted.
Article 9 (Relationship to Other Statutes or Regulations)
If other statutes or regulations cite the previous "KSOC" or the corresponding provisions at the time this Act enters into force, it shall be deemed to have cited the "Korea Sports and Olympic Committee" or the corresponding provisions of this Act.
ADDENDUM <Act No. 17592, Dec. 8, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 18378, Aug. 10, 2021>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 18380, Aug. 10, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 18760, Nov. 18, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on August 11, 2022.
Article 2 (Applicability to Prohibition on Participation)
The amended provisions of Article 14-4 shall begin to apply to where a judgment of conviction becomes final and conclusive for an act conducted after this Act enters into force. Article 3 (Transitional Measures concerning Previously Entrusted Business Entities)
Any entrusted business entity which has operated the business of issuing sports betting tickets as entrusted under the previous provisions at the time this Act enters into force may issue sports betting tickets for the period specified in the relevant entrustment contract, notwithstanding the amended provisions of Article 25 (1).
ADDENDUM <Act No. 18808, Feb. 3, 2022>
This Act shall enter into force on August 11, 2022.
ADDENDA <Act No. 19234, Mar. 14, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 19479, Jun. 20, 2023>
This Act shall enter into force two months after the date of its promulgation.
ADDENDUM <Act No. 19592, Aug. 8, 2023>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 19701, Sep. 14, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision or Article 43-2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Safety Management Measures when Holding Sports Events)
The amended provisions of Article 13-2 shall begin to apply to where a sports event is held after this Act enters into force.