Law Viewer

Back Home

SPORTS CLUB ACT

Act No. 18252, Jun. 15, 2021

 Article 1 (Purpose)
The purpose of this Act is to contribute to the promotion of national sports, the improvement of sports welfare, and the development of sports in local communities by prescribing matters necessary for the support and promotion of sports clubs.
 Article 2 (Definitions)
The definitions of the terms used in this Act are as follows:
1. The term "sports club" means a corporation or organization registered pursuant to Article 6 for the regular sports activities of members and operated for the promotion of sports activities of local communities;
2. The term "designated sports club" means a sports club designated by the Minister of Culture, Sports and Tourism pursuant to Article 9 among sports clubs;
3. The term "sports club member" means a person who joins a sports club and pays membership fees on a regular basis to use facilities or programs of a sports club and engages in activities.
 Article 3 (Obligations of State and Local Governments)
(1) The State and local governments shall formulate and implement policies necessary to support and promote sports clubs.
(2) The State and local governments shall take measures necessary to encourage and support sports club activities of persons with disabilities.
(3) Any local government may establish and operate municipal ordinances concerning the promotion of sports clubs so as to formulate policies under paragraphs (1) and (2) and stably support sports clubs.
 Article 4 (Relationship with other Statutes)
Except as otherwise provided in other statutes, the promotion of sports clubs shall be governed by this Act.
 Article 5 (Formulation of Master Plans for Promotion of Sports Clubs)
(1) The Minister of Culture, Sports and Tourism shall formulate and implement a master plan for the promotion of sports clubs (hereinafter referred to as "master plan") every five years to promote sports clubs.
(2) A master plan shall include the following:
1. Matters concerning basic direction-setting for promotion of sports clubs;
2. Matters concerning use of facilities of sports clubs;
3. Matters concerning securing financial resources for promoting sports clubs, cooperation between relevant institutions and organizations, etc.;
4. Matters concerning the establishment of a comprehensive sports club information system under Article 18;
5. Other matters prescribed by Presidential Decree as necessary for the promotion of sports clubs.
(3) The heads of local governments shall formulate and implement implementation plans of the relevant local governments in accordance with a master plan.
(4) The Minister of Culture, Sports and Tourism and the heads of local governments may request the heads of administrative agencies and the heads of relevant institutions or organizations to provide cooperation in order to formulate and implement a master plan and an implementation plan under paragraph (3). In such cases, the heads of administrative agencies and the heads of relevant institutions or organizations shall comply with such request unless there is a compelling reason not to do so.
 Article 6 (Registration of Sports Clubs)
(1) A corporation or organization operated for the promotion of sports activities of local communities, which intends to be registered as a sports club, shall file for registration with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Presidential Decree, after meeting the requirements under paragraph (2), and where any registered matters are changed, it shall report such change, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(2) Requirements for registration under paragraph (1) shall be as follows:
1. The articles of incorporation shall be established concerning the operation, decision-making, etc. of sports clubs;
2. It shall have an annual operation plan for sports clubs;
3. There shall be a representative body of a representative and sports club members;
4. The number of active members who regularly pay membership fees shall be at least the number prescribed by Presidential Decree;
5. Other matters prescribed by Presidential Decree concerning the registration of sports clubs.
(3) The Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu shall examine and determine whether to approve the registration of a sports club within 14 days from the date a corporation or organization files an application for registration of a sports club pursuant to paragraph (1).
 Article 7 (Revocation of Registration of Sports Clubs)
(1) Where a sports club is registered under Article 6 by fraud or other improper means by fraud or other improper means, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu shall revoke its registration.
(2) Where a registered sports club fails to meet the requirements for registration, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may order it to supplement it within a fixed period not exceeding three months, and may revoke its registration if it fails to meet such requirements even after the lapse of such period.
(3) Where the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu intends to revoke the registration of a sports club pursuant to paragraph (1) or (2), he or she shall hold a hearing in advance.
 Article 8 (Legal Fiction of Joining Sports Clubs in Sports Organizations)
(1) A sports club shall be deemed to have joined as a member of a local sports association under subparagraph 9 (a) of Article 2 of the National Sports Promotion Act and a sports organization under subparagraph 11 of the same Article (hereafter referred to as "sports organization" in this Article), and each sports organization shall pay membership fees to a sports organization, as prescribed by its articles of association.
(2) Any sports organization shall disclose the details of use of membership fees and membership fees paid by sports clubs to the comprehensive sports club information system under Article 18 every year.
 Article 9 (Designated Sports Clubs)
(1) The Minister of Culture, Sports and Tourism may designate a designated sports club among sports clubs to promote the following projects:
1. Connection between sports clubs and school sports teams under the School Sports Promotion Act;
2. Training of elite athletes for each sport;
3. Operation of sports programs reflecting characteristics of age, region, and gender;
4. Fostering of basic and unpopular categories of basic and unpopular categories prescribed by Presidential Decree;
5. Other matters prescribed by Presidential Decree.
(2) The Minister of Culture, Sports and Tourism may subsidize expenses incurred by designated sports clubs in promoting the projects referred to in the subparagraphs of paragraph (1).
(3) Matters necessary for the requirements, procedures, etc. for the designation of designated sports clubs shall be prescribed by Presidential Decree.
 Article 10 (Operation of Designated Sports Clubs)
(1) A designated sports club shall ensure the safety of facilities, equipment, etc. so that sports club members can use the sports club in a safe and comfortable manner and shall place leaders, etc. In such cases, the qualification standards for leaders shall be prescribed by Presidential Decree.
(2) A designated sports club shall purchase insurance to compensate for losses incurred to sports club members, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(3) In order to ensure safe activities of sports club members, designated sports clubs shall actively cooperate in taking disease control measures, etc. under the Infectious Disease Control and Prevention Act when an infectious disease, etc. occurs.
(4) The designated sports club shall endeavor to eradicate camp training at all times for the guarantee of the right to learn and the physical and mental development of member student athletes (referring to youth athletes defined in Article 2 of the Youth Protection Act) and for their physical and mental development.
(5) A designated sports club may operate a dormitory to support persons who have no domicile in a local government registered pursuant to Article 6 so that they can act as member players. Matters necessary for such cases shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(6) The State and local governments may provide administrative support necessary for disease control measures under paragraph (3) and the operation, etc. of dormitories under paragraph (5).
 Article 11 (Revocation of Designation of Designated Sports Clubs)
(1) In any of the following cases, the Minister of Culture, Sports and Tourism may revoke the designation of a designated sports club: Provided, That in cases falling under subparagraph 1, the Minister shall revoke the designation:
1. Where a designated sports club is designated by fraud or other improper means;
2. Where a designated sports club fails to implement any of the following projects from the date it is designated without good cause:
(a) Connection with school sports clubs and school sports teams under the School Sports Promotion Act;
(b) Training of elite athletes for each sport;
(c) Operation of sports programs reflecting characteristics of age, region, class, and gender;
(d) Development of basic and unpopular sports;
3. Where a designated sports club fails to purchase insurance under Article 10 (2);
4. Where a designated sports club fails to meet the requirements for designation as a designated sports club under Article 9 (3);
5. Where it is deemed impracticable to normally conduct business due to reasons prescribed by Presidential Decree, such as deteriorating the management of designated sports clubs, etc.
(2) Where the Minister of Culture, Sports and Tourism intends to revoke the designation of a designated sports club under paragraph (1), the Minister shall hold a hearing in advance.
 Article 12 (Support for Circuit Guidance of Certified Sports Leaders)
(1) Upon receipt of a request from a sports club, the State or a local government may dispatch certified sports leaders belonging to a local sports council under subparagraph 9 (a) of Article 2 of the National Sports Promotion Act to support its circuit guidance.
(2) Matters concerning methods of and support for circuit guidance under paragraph (1) shall be prescribed by Presidential Decree.
 Article 13 (Support for Training Athletes)
(1) The State and local governments may provide administrative and financial support to discover and train outstanding athletes in designated sports clubs for the development of regional sports.
(2) Matters necessary for supporting the discovery, training, etc. of outstanding athletes under paragraph (1) shall be prescribed by Presidential Decree.
 Article 14 (Support for Establishment of Sports Clubs by Athletes)
(1) In order to promote sports clubs of local communities, the State and local governments may provide administrative support where an athlete or a former athlete defined in subparagraph 4 of Article 2 of the National Sports Promotion Act intends to establish and register a sports club by utilizing his or her specialty.
(2) Matters necessary for supporting the establishment and registration of sports clubs under paragraph (1) shall be prescribed by Presidential Decree.
 Article 15 (Preferential Negotiated Contract for Public Property and Reduction of or Exemption from Usage Fees)
(1) Where deemed necessary for public interest purposes, a local government may permit a designated sports club to use sports facilities among public property or entrust the management thereof to a designated sports club pursuant to the Public Property and Commodity Management Act.
(2) Notwithstanding Articles 20 and 27 of the Public Property and Commodity Management Act, where a local government permits a designated sports club to use sports facilities among public property or entrusts the management thereof to such designated sports club pursuant to paragraph (1), it may preferentially permit the relevant sports facilities to the designated sports club or may conclude a negotiated contract with the designated sports club.
(3) Where a sports club uses a specialized sports facility under Article 5 of the Installation and Utilization of Sports Facilities Act or a living sports facility under Article 6 of the same Act, notwithstanding the provisions of the Public Property and Commodity Management Act and other Acts, a local government may fully or partially reduce or exempt user fees, as prescribed by Presidential Decree.
 Article 16 (Support for Opening Sports Facilities of Schools)
(1) The head of a school under the Elementary and Secondary Education Act or the Higher Education Act may open the sports facilities of the relevant school to a sports club to the extent that it does not interfere with school education.
(2) Where school sports facilities are opened pursuant to paragraph (1), the State and local governments may subsidize expenses incurred in the repair, maintenance, etc. of such school sports facilities.
 Article 17 (Fact-Finding Survey)
(1) The Minister of Culture, Sports and Tourism may investigate the current status and actual conditions of activities of sports clubs (including matters concerning the protection of human rights and safety of sports club members) in order to systematically promote sports clubs and efficiently formulate and implement a master plan, etc.
(2) The Minister of Culture, Sports and Tourism may request sports clubs or related institutions or organizations to provide data, etc. to conduct a fact-finding survey under paragraph (1). Upon receipt of such request, the sports clubs or related institutions or organizations shall comply therewith, unless there is a compelling reason not to do so.
(3) Other matters necessary for the scope, methods, etc. of fact-finding surveys shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
 Article 18 (Establishment and Operation of Comprehensive Sports Club Information System)
(1) The Minister of Culture, Sports and Tourism shall establish and operate a comprehensive sports club information system to comprehensively manage information related to sports clubs and to systematically support the activities of sports club members.
(2) The Minister of Culture, Sports and Tourism may request administrative agencies, relevant institutions or organizations to provide data necessary for establishing and operating the comprehensive sports club information system. In such cases, upon receipt of such request, the administrative agencies, relevant institutions or organizations shall comply therewith, unless there is a compelling reason not to do so.
(3) Specific matters, such as the scope and details of information on sports clubs and sports club members disclosed through the Korea Sports Club Information System, shall be prescribed by Presidential Decree.
 Article 19 (Prohibition against Use of Similar Names)
No person, other than a designated sports club under this Act, shall use the name "designated sports club" or any other name similar thereto.
 Article 20 (Reporting and Inspection)
(1) Where necessary for the enforcement of this Act, the Minister of Culture, Sports and Tourism or the head of a local government may order a sports club or designated sports club subject to this Act to report on its business affairs, or have public officials under his or her control enter the place of business, place of business, etc. to inspect books of account, documents, and other articles.
(2) Public officials who conduct inspections pursuant to paragraph (1) shall carry identification indicating their authority and present them to relevant persons.
 Article 21 (Rewards)
(1) The Minister of Culture, Sports and Tourism may select and reward individuals, organizations, enterprises, etc. that have contributed significantly to the promotion of sports clubs.
(2) Other matters necessary for rewards under paragraph (1) shall be prescribed by Presidential Decree.
 Article 22 (Delegation or 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 or the head of a local government may entrust part of his or her authority under this Act to a sports organization, etc. under Article 2 of the National Sports Promotion Act, as prescribed by Presidential Decree.
 Article 23 (Administrative Fines)
(1) Any person who uses a similar name in violation of Article 19 without good cause shall be subject to an administrative fine not exceeding 1,000,000 won.
(2) Administrative Fines under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism or the head of a local government, as prescribed by Presidential Decree.
ADDENDUM <Act No. 18252, Jun. 15, 2021>
This Act shall enter into force one year after the date of its promulgation.