CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the stabilization of the livelihood of athletic personnel and the promotion of sports activities by establishing welfare policies for athletic personnel and establishing institutional foundations for the welfare of athletic personnel, thereby contributing to the stabilization of their livelihood and the promotion of sports activities.
| (1) | The definitions of terms used in this Act are as follows: |
| 1. | The term "athletic personnel" means any of the following persons: |
| (2) | Except as otherwise provided for in paragraph (1), the definitions of terms used in this Act shall be governed by the National Sports Promotion Act. |
| Article 3 (Relationship to Other Statutes) |
CHAPTER 2 STATUS OF ATHLETIC PERSONNEL AND RESPONSIBILITIES OF THE STATE AND LOCAL GOVERNMENTS
| Article 4 (Status and Rights of Athletic Personnel) |
| (1) | Athletic personnel shall be legitimately respected as those who contribute to the development of national sports and the promotion of people's happiness. |
| (2) | All athletic personnel have the right to freely engage in sports activities and have the right to enjoy legitimate mental and material benefits through the outcomes of sports activities. |
| (3) | All athletic personnel shall have the right not to be coerced into unfair contracts through the provision of tangible or intangible benefits or threat of disadvantage. |
| Article 5 (Obligations of the State and Local Governments) |
| (1) | The State and local governments shall formulate and implement policies necessary to promote the welfare of athletic personnel every five years so that athletic personnel can contribute to the promotion of national sports and the promotion of people‘s happiness. |
| (2) | The State and local governments may provide support necessary for projects and activities for promoting the welfare of athletic personnel within budgetary limits. |
| Article 6 (Fact-Finding Surveys) |
| (1) | The Minister of Culture, Sports and Tourism may regularly conduct a fact-finding survey on the actual conditions of work, living conditions, etc. of athletic personnel in order to formulate and implement policies necessary to promote the welfare of athletic personnel. |
| (2) | Matters necessary for the scope, methods, etc. of fact-finding surveys under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER 3 SUPPORT FOR ATHLETIC PERSONNEL
| Article 7 (Designation and Compensation of Korean Sports Meritorious Persons) |
| (1) | The State shall designate a national athlete or coach as a Korean sports meritorious person if the athlete or coach dies or is severely disabled during competition, training, or coaching for an international event prescribed by Presidential Decree. |
| (2) | The State shall provide compensation to Korean sports meritorious persons as prescribed by Presidential Decree. |
| (3) | The Minister of Culture, Sports and Tourism may organize and operate the Committee for Examination of Designation of Korean Sports Meritorious Persons (hereinafter referred to as the "Committee") if necessary to examine and decide on the following matters: <Amended on Aug. 8, 2023> |
| 1. | Matters concerning designation of Korean sports meritorious persons, determination of grades of injuries and change of grades; |
| 2. | Matters concerning the payment or suspension of consolation payments, pensions, etc. to Korean sports meritorious persons and their bereaved family members or family members (hereinafter referred to as "compensation"); |
| 3. | Matters concerning revocation of designation of Korean sports meritorious persons under Article 21; |
| 4. | Other matters deemed necessary for the honorable treatment of and support for Korean sports meritorious persons, which are referred by the chairperson to the Committee for a meeting. |
| (4) | The Committee shall be comprised of not more than 11 members, including one chairperson and one vice chairperson, and members shall be appointed or commissioned by the Minister of Culture, Sports and Tourism, from among persons with abundant knowledge and experience in the matters referred to in the subparagraphs of paragraph (3), and Article 21 (2) of the Framework Act on Gender Equality shall apply mutatis mutandis to such cases. |
| (5) | The term of office of a member appointed or commissioned pursuant to paragraph (4) shall be two years and may be renewed consecutively: Provided, That where the Committee is dissolved pursuant to paragraph (7), the term of office shall expire at the time the Committee is dissolved. <Amended on Aug. 8, 2023> |
| (6) | Where deemed necessary for the examination and resolution under paragraph (3), the Committee may require relevant persons to appear before the Committee or conduct an investigation, and may require the State, local governments, public institutions, etc. to report on relevant matters or submit materials. |
| (7) | Where the Minister of Culture, Sports and Tourism deems that the objectives of organizing the Committee have been achieved, the Minister may dissolve the Committee. <Newly Inserted on Aug. 8, 2023> |
| (8) | The scope of bereaved family members or family members under paragraph (3), the composition of the Committee under paragraph (4), and other matters necessary for the designation, compensation, etc. of Korean sports meritorious persons shall be prescribed by Presidential Decree. <Amended on Aug. 8, 2023> |
| Article 8 (Support for National Team Players and Leaders) |
| (1) | The State may subsidize welfare benefits prescribed by Presidential Decree (hereinafter referred to as "welfare benefits"), such as monetary rewards, medical expenses, and scholarship programs, for national team players and leaders to improve their performance and stabilize their livelihoods (hereinafter referred to as "welfare benefits"). |
| (2) | Matters necessary for the standards, etc. for the payment of welfare benefits shall be prescribed by Presidential Decree. |
| Article 9 (Subscription to Insurance or Subscription to Mutual Aids) |
| (1) | A person who holds and operates an athletic competition prescribed by Presidential Decree shall purchase insurance or subscribe to a mutual aid for the protection of players, etc. participating in the competition. |
| (3) | In order to protect national team players and leaders who participate in training and sports competitions prescribed by Presidential Decree, the State shall provide support for the purchase of insurance or subscribing to a mutual aid. |
| (4) | Necessary matters concerning persons subject to insurance, types of insurance or mutual aid, etc. under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 10 (Scholarship Programs) |
| (1) | The State and local governments may provide scholarships where a student player achieved excellent results by participating in an athletic competition prescribed by Presidential Decree or where a student player or his or her guardian belongs to a beneficiary defined in subparagraph 2 of Article 2 of the National Basic Living Security Act or to the second-lowest income bracket defined in subparagraph 10 of Article 2 of that Act. |
| (2) | Matters necessary for the selection of persons eligible for scholarships under paragraph (1), standards for payment thereof, etc. shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 11 (Support for Senior Athletic Personnel) |
| (1) | Where athletic personnel who have rendered distinguished service to the State or the promotion of regional sports has a ground prescribed by Presidential Decree, such as a chronic disease or difficulty in living after retirement, the State and local governments may partially or wholly subsidize medical expenses and living expenses within budgetary limits. |
| (2) | Matters necessary for the selection of persons eligible for support under paragraph (1) and the standards for payment thereof, etc. shall be prescribed by Presidential Decree. |
| Article 12 (Support for Career and Support for Business Start-Up of Athletic Personnel) |
| (1) | The Minister of Culture, Sports and Tourism may implement the following projects to stabilize livelihood of athletic personnel and improve their quality of life: |
| 1. | Education and training necessary for employment and business startup; |
| 2. | Projects for supporting social participation, such as job placement, support for business start-up, etc. |
| (2) | The Minister of Culture, Sports and Tourism may entrust part of the projects to a corporation or organization prescribed by Presidential Decree in order to implement the projects under paragraph (1), and the entrusted corporation or organization may re-entrust the projects with approval from the Minister of Culture, Sports and Tourism. |
| (3) | Matters necessary for conducting the projects under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 13 (Lending of Funds) |
| (1) | The State and local governments may lend funds to athletic personnel to support preparation funds for business start-up for sports activities-related projects and expenses incurred in employment in the sports sector. |
| Article 14 (Protection of Occupational Accidents of Athletic Personnel) |
| Article 15 (Support for Cooperatives) |
Where athletic personnel intend to establish and operate a cooperative under the Framework Act on Cooperatives or a social enterprise under the Social Enterprise Promotion Act for the purpose of improving the rights and interests of athletic personnel and contributing to local communities, the Minister of Culture, Sports and Tourism may provide administrative support, such as management consulting, business start-up education, counseling, etc., as prescribed by Presidential Decree.
CHAPTER IV ESTABLISHMENT AND OPERATION OF ATHLETIC PERSONNEL WELFARE SUPPORT SYSTEM AND DESIGNATION OF DEDICATED ORGANIZATION
| Article 16 (Establishment and Operation of Athletic Personnel Welfare Support System) |
| (1) | The Minister of Culture, Sports and Tourism may establish and operate an athletic personnel welfare support system in order to effectively implement welfare policies for athletic personnel. |
| (2) | Matters necessary for the establishment, operation, etc. of an athletic personnel welfare support system under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Designation and Revocation of Institutions Dedicated to Welfare of Athletic Personnel) |
| (1) | The Minister of Culture, Sports and Tourism may designate an institution dedicated to the welfare of athletic personnel (hereinafter referred to as "dedicated institution") from among the following institutions in order to professionally perform the projects referred to in the subparagraphs of Article 18 (1): |
| 2. | Sports-related corporations established under other Acts. |
| (2) | The Minister of Culture, Sports and Tourism may revoke the designation of a dedicated institution if it falls under any of the following subparagraphs: Provided, That if it falls under subparagraph 1, the Minister shall revoke the designation: |
| 1. | Where it has obtained designation by fraud or other improper means; |
| 2. | Where it has been illegally or unjustly operated against the purpose of designation; |
| 3. | Where it has violated any instructions given by the Minister of Culture, Sports and Tourism under the relevant statutes or regulations or refused supervision. |
| (3) | Other matters necessary for the designation, revocation of designation, operation, etc. of a dedicated institution shall be prescribed by Presidential Decree. |
| Article 18 (Projects of Dedicated Institutions) |
| (1) | A dedicated institution shall perform the following projects to promote the welfare of athletic personnel: |
| 1. | Projects for job security of athletic personnel, such as support for career, job transition, job creation, etc.; |
| 2. | Management and operation of mutual aid projects for athletic personnel (including mutual aid insurance) prescribed by Presidential Decree; |
| 3. | Surveys and research on athletic personnel's welfare and labor status; |
| 4. | Projects entrusted by the Minister of Culture, Sports and Tourism for the welfare of athletic personnel; |
| 5. | Other projects prescribed by Presidential Decree to promote the welfare of athletic personnel. |
| (2) | A dedicated institution may, with authorization from the Minister of Culture, Sports and Tourism, engage in profit-making business necessary to achieve its objectives, in addition to the business activities specified in the subparagraphs of paragraph (1). |
| Article 19 (Financial Resources of Dedicated Institutions) |
A dedicated institution shall be operated with the following financial resources:
| 1. | Contributions to members (limited to mutual aid projects); |
| 2. | Other proceeds and donations. |
CHAPTER V SUPPLEMENTARY AND PENALTY PROVISIONS
| Article 20 (Suspension of Compensation) |
| (1) | Where a Korean sports meritorious person commits any of the following acts of dignity, the Minister of Culture, Sports and Tourism shall not fully or partially subsidize compensation for which the Korean sports meritorious person and his or her bereaved family or family members may receive, as prescribed by Presidential Decree, for a fixed period not exceeding three years, following a resolution by the Committee: |
| 1. | Coercing or arranging unfair benefits by a Korean sports meritorious person by taking advantage of his or her status; |
| 2. | Unfairly obstructing the execution of public duties by violence, intimidation, destruction of property, or other means. |
| (2) | Where a Korean sports meritorious person has been sentenced to imprisonment without labor or heavier punishment for committing a crime prescribed by Presidential Decree and such sentence becomes final and conclusive, the Minister of Culture, Sports and Tourism shall not pay any pension or allowance he or she will receive during the period of imprisonment without labor or heavier punishment from the month following the month in which the date on which such sentence becomes final and conclusive falls. |
| Article 21 (Revocation of Designation of Korean Sports Meritorious Persons) |
| 1. | Where the person was sentenced to imprisonment without labor or heavier punishment, if three years have passed since the execution of imprisonment without labor or heavier punishment was completed or the non-execution of such sentence became final and conclusive; |
| 2. | Where two years have passed since the date the designation of a Korean sports meritorious person was revoked pursuant to paragraph (1) in cases other than those referred to in subparagraph 1. |
| Article 22 (Suspension of Payment of Welfare Benefits) |
| (1) | The Minister of Culture, Sports and Tourism and the head of a local government shall suspend the payment of welfare benefits or subsidies where a person who has received welfare benefits or subsidies under Article 11 falls under any of the following: |
| 1. | Where the person is deceased; |
| 2. | Where the person loses the nationality of the Republic of Korea; |
| 3. | Where the person commits any of the following disgraceful conduct: |
| (a) | Coercing or arranging unfair benefits by a player or leader by taking advantage of his or her status; |
| (b) | Unfairly obstructing the execution of public duties by violence, intimidation, destruction of property, or other means; |
| 4. | Where the person is sentenced to imprisonment without labor or heavier punishment or medical treatment and custody and his or her punishment or medical treatment and custody becomes final and conclusive: Provided, That the foregoing shall not apply to a negligent offender; |
| 5. | Where he or she has committed any of the following crimes and has been sentenced to a fine or heavier punishment or medical treatment and custody, and such sentence or medical treatment and custody becomes final and conclusive: |
| (d) | Crimes of homicide in Chapter XXIV of the Criminal Act or crimes of bodily injury and violence in Chapter XXV of that Act. |
| (2) | Matters necessary for the suspension of payment of welfare benefits, etc., such as the standards and procedures for the suspension of payment under paragraph (1) 3, shall be prescribed by Presidential Decree. |
| Article 23 (Recovery of Compensation) |
| (1) | Where a person who has received monetary rewards, welfare benefits, or subsidies under Article 11 (hereinafter referred to as "monetary rewards, etc.") falls under any of the following subparagraphs, the Minister of Culture, Sports and Tourism and the head of a local government shall recover such monetary rewards, etc.: |
| 1. | Where the person has received compensation, etc. by fraud or other improper means; |
| 2. | Where the grounds for receiving the compensation or support cease to exist retroactively after receiving the compensation, etc.; |
| 3. | Where compensation, etc. have been erroneously paid. |
| (2) | Where the Minister of Culture, Sports and Tourism or the head of a local government recovers compensation, etc. pursuant to paragraph (1), if a person who is to return compensation, etc. fails to return them within the specified period, the compensation, etc. may be collected in the same manner as compulsory collection of national taxes. |
| (3) | When the Minister of Culture, Sports and Tourism or the head of a local government collects compensation, etc. pursuant to paragraph (2), if he or she deems it impossible to recover the compensation, etc. due to unavoidable reasons prescribed by Presidential Decree, such as where a person obligated to return the compensation, etc. is missing or has no property, he or she may take a disposition on deficits. |
| (4) | Other matters necessary for the recovery of compensation, etc., disposition on deficits, etc. shall be prescribed by Presidential Decree. |
| Article 24 (Request for Provision of Materials) |
| (1) | The Minister of Culture, Sports and Tourism, the head of a local government (where the relevant authority is delegated or entrusted, including an institution delegated or entrusted with such authority), and a dedicated institution may request the head of a relevant central administrative agency, local government, or other public organization to provide materials or information prescribed by Presidential Decree, such as family relation certificate, health insurance, and criminal history, to verify the qualifications, etc. of persons applicable to this Act: Provided, That this shall not apply to matters that can be verified through the sharing of administrative information under Article 36 (1) of the Electronic Government Act. |
| (2) | The head of the relevant agency in receipt of a request under paragraph (1) shall comply with such request, unless there is a compelling reason not to do so. |
| (3) | Any person who performs or has performed affairs referred to in paragraph (1) or affairs referred to in Article 26 shall inquire into or use materials or information referred to in paragraph (1) for purposes other than those prescribed by this Act, nor provide or divulge such materials or information to other persons or institutions. |
| Article 25 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Culture, Sports and Tourism may delegate part of his or her authority under this Act to the head of a local government, as prescribed by Presidential Decree. |
| (2) | The Minister of Culture, Sports and Tourism may entrust part of his or her duties under this Act to public institutions or related associations, as prescribed by Presidential Decree. |
| Article 26 (Management of Personally Identifiable Information) |
| 2. | Revocation of designation of a Korean sports meritorious person under Article 21; |
| 3. | Suspension of the payment of welfare benefits, etc. under Article 22; |
| 4. | Recovery of compensation, etc. under Article 23; |
| 5. | Other matters prescribed by Presidential Decree to verify the qualifications, etc. of persons applicable to this Act. |
| Article 27 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | A member of the Committee who is not a public official; |
| 2. | An executive officer or employee of a dedicated institution performing the projects referred to in the subparagraphs of Article 18 (1); |
| 3. | An executive officers and employees of the relevant association who perform the duties entrusted pursuant to Article 25 (2). |
| Article 28 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won:
| 1. | A person who receives compensation or support under this Act or has another person receive compensation or support under this Act by fraud or other improper means; |
| 2. | A person who inquires into, uses, provides, or divulges materials or information, in violation of Article 24 (3). |
ADDENDA <Act No. 18381, Aug. 10, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Committee for Examination of Designation of Korean Sports Meritorious Persons)
The National Athletes Compensation Examination Committee established and operated pursuant to the previous National Sports Promotion Act as at the time this Act enters into force shall be deemed as the Committee for Examination of Designation of Korean Sports Meritorious Persons under this Act. Article 3 (Transitional Measures concerning Korean Sports Meritorious Persons)
A Korean sports meritorious person designated under the previous National Sports Promotion Act as at the time this Act enters into force shall be deemed as a Korean sports meritorious person under this Act. Article 4 (Transitional Measures concerning Welfare Services for Athletic Personnel)
Athletic personnel welfare projects operated by the Korea Sports Promotion Foundation in accordance with the Regulations on the Management of Athletic Personnel Welfare Services pursuant to Article 22 (1) of the National Sports Promotion Act as at the time this Act enters into force shall be athletic personnel welfare projects under this Act.
ADDENDA <Act No. 19602, Aug. 8, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.