NATIONAL SPORTS PROMOTION ACT
Amended by Act No. 8852, Feb. 29, 2008
Wholly Amended by Act No. 8344, Apr. 11, 2007
Amended by Act No. 8852, Feb. 29, 2008
CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purposes) |
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The purposes of this Act are to increase the physical strength of people by promoting national sports and to assist people to lead a happy life through cultivating a sound mind, and further to contribute to the promotion of national prestige through sports.
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows: <Amended by Act No. 8852, Feb. 29, 2008>
| 1. | The term "sports" means activities to cultivate a healthy mind and body through physical activities such as sporting events and outdoor physical activities and to make good use of leisure time; |
| 2. | The term "professional sports" means activities of sporting events conducted by players; |
| 3. | The term "sports for all" means sports activities conducted voluntarily in daily life for the promotion of health and physical strength; |
| 4. | The term "player" means a person who is registered as a player in an athletic affiliate; |
| 6. | The term "certified sports leaders" means physical education teachers at schools, certified sports-for-all leaders and certified sports coaches who instruct sports at schools, places of work, local communities or other sports organizations; |
| 7. | The term "sports club" means a gathering of persons who participate continuously in the same sports-for-all activities; |
| 8. | The term "sports team" means a sporting group at a school or place of work, which is comprised of players; |
| 9. | The term "sports organization" means a juristic person or organization which is established for the purposes of conducting sports-related activities or businesses; |
| 10. | The term "doping" means taking in or using forbidden drugs or methods listed and announced by the Minister of Culture, Sports and Tourism for the strengthening of players’ physical capabilities; |
| 11. | The term "athletic affiliate" means a juristic person or organization established for the purposes of conducting activities and businesses relating to a specific sport and affiliated with the Korea Sports Council or the Korea Handicapped Persons Sports Council; and |
| 12. | The term "sports promotion betting ticket" means a ticket to make 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. |
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| Article 3 (Policies and Encouragement for Sports Promotion) |
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The State and local governments shall devise measures for the promotion of national sports and shall encourage, protect and develop voluntary sports activities of people.
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| Article 4 (Formulation of Basic Policies, etc.) |
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| (1) | The Minister of Culture, Sports and Tourism shall formulate and enforce basic policies for the promotion of national sports. <Amended by Act No. 8852, 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). |
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| Article 5 (Regional Sports Promotion Councils) |
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| (1) | A regional sports promotion council (hereinafter referred to as a "council") may 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. |
| (2) | Matters necessary for the organization and operation of a council shall be determined by Municipal Ordinance of the relevant local government. |
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| Article 6 (Cooperation) |
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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 therefor. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER Ⅱ MEASURES FOR PROMOTION OF SPORTS
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| Article 7 (Sports Day and Sports Week) |
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| (1) | In order to inspire people with awareness of sports and propagate sports, Sports Day and Sports Week shall be held annually. |
| (2) | Matters necessary for Sports Day and Sports Week and programs relating thereto shall be determined by Presidential Decree. |
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| Article 8 (Promotion of Local Sports) |
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| (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 physical strength of the local residents. |
| (2) | Local governments shall directly hold sports meets through their administrative district units at least once annually, or shall support sports organizations to hold such sports meets. |
| (3) | Local governments shall hold employees’ sports meets at least once annually. |
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| Article 9 (Promotion of School Sports) |
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Schools shall devise measures necessary for the promotion of students’ physical strength and fostering of their sports activities.
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| Article 10 (Promotion of Workplace Sports) |
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| (1) | The State and local governments shall devise policies necessary for the promotion of workplace sports. |
| (2) | The head of each place of work shall devise measures necessary for the promotion of employees’ physical strength and fostering of their sports activities by establishing sports clubs and sports promotion management committees as prescribed by Presidential Decree. |
| (3) | In order to promote employees’ physical strength and guide and foster their sports activities, certified sports-for-all instructors shall be hired at places of work determined by Presidential Decree. |
| (4) | Government-invested institutions under the Framework Act on the Management of Government-Invested Institutions (hereinafter referred to as "government-invested institutions") and other places of work as determined by Presidential Decree shall establish and operate not less than one sports team and have certified sports coaches: Provided, That the same shall not apply to cases determined by Presidential Decree. |
| (5) | Affairs concerning workplace sports under paragraphs (2) through (4) shall be directed and supervised by the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus). |
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| Article 11 (Fostering of Certified Sports Leaders) |
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| (1) | The State shall devise policies necessary for fostering certified sports leaders and for improving their capabilities to promote national sports. |
| (2) | The Minister of Culture, Sports and Tourism shall grant a license of certified sports leader to each person who has completed a training program determined by Ministerial Decree of Culture, Sports and Tourism and passed a qualification examination from among those who meet the qualification requirements determined by Presidential Decree: Provided, That he or she may exempt persons determined by Presidential Decree, such as physical education teachers at schools satisfying criteria determined by Ministerial Decree of Culture, Sports and Tourism from training programs and qualification examinations in whole or in part. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) | Matters necessary for the kinds, grades, qualification examinations, license, etc. of certified sports leaders shall be determined by Presidential Decree. |
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| Article 12 (Cancellation of Licenses of Offenders, etc.) |
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| (1) | With respect to any person who has acquired a license of certified sports leader under Article 11 (2) by unlawful means, the Minister of Culture, Sports and Tourism shall cancel the relevant license. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | In cases where a person who receives a qualification examination to be a certified sports leader under Article 11 (2) has engaged in unlawful conduct in such qualification examination, such qualification examination shall be suspended or nullified at the site. |
| (3) | Any person whose license has been cancelled under paragraph (1) or whose qualification examination has been suspended or nullified under paragraph (2) shall not be allowed to apply for a qualification examination to be a certified sports leader for three years from the date of such cancellation, suspension or nullification. |
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| Article 13 (Establishment of Sports Facilities, etc.) |
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| (1) | The State and local governments shall devise policies necessary for the appropriate security and utilization of sports facilities necessary for the sports activities of people. |
| (2) | The State and local governments shall devise policies necessary for the establishment and operation of facilities necessary for the sports activities of the handicapped. |
| (3) | Facilities necessary for the sports activities of employees shall be established and operated at places of work, and sports facilities at schools or places of work shall be open to local residents for their use within the extent that does not interfere with school education or operation of such places of work. |
| (4) | The State and local governments shall encourage the establishment of private sports facilities and have them operated in a sound manner. |
| (5) | Matters necessary for the establishment and utilization, etc. of sports facilities under paragraphs (1) through (4) shall be provided for separately by other Acts. |
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| Article 14 (Protection and Fostering of Players, etc.) |
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| (1) | The State and local governments shall protect and foster players and certified sports leaders as required. |
| (2) | The State and local governments shall prepare an award system necessary for the fostering of outstanding players and certified sports leaders. |
| (3) | The State, local governments, government-invested institutions and other organizations determined by Presidential Decree shall, if the Minister of Culture, Sports and Tourism requests to enable outstanding players determined by Presidential Decree to lead an amateur sports life, employ such outstanding players and certified sports leaders. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) | The State shall, as prescribed by Presidential Decree, pay a bounty or subsidy for living to players who have won a prize in the Olympics, Paralympics, or other competitions as determined by Presidential Decree or persons who coached them, and senior athletes who have contributed substantially to the promotion of sports. |
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| Article 15 (Activities for Prevention of Doping) |
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| (1) | The State shall devise policies for the prevention of doping in order to protect players from drugs, etc. in conducting sporting activities and inspire sportsmanship through fair competition. |
| (2) | The State shall implement education and provide information to players and certified sports leaders in order to prevent doping, and shall guide and supervise the doping prevention activities of sports organizations and athletic affiliates. |
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| Article 16 (Fostering of Recreational Sports) |
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| (1) | The State and local governments shall devise policies necessary for the fostering and support of recreational sports activities in order to enable people to make good use of their leisure time. |
| (2) | The State and local governments shall make efforts for 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, cycling racing and boat racing. |
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| Article 17 (Encouragement of Production of Sporting Goods, etc.) |
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| (1) | The State and local governments shall devise measures necessary to encourage the production of sporting goods or instruments determined by Presidential Decree (hereinafter referred to as "sporting goods, etc.") in order to promote national sports. |
| (2) | The Minister of Culture, Sports and Tourism may, if deemed particularly necessary for the promotion of national sports, have the Seoul Olympic Sports Promotion Foundation lend money from the National Sports Promotion Fund to best manufacturers designated from among those manufacturing sporting goods, etc. under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) | The Minister of Culture, Sports and Tourism may, if deemed necessary for the establishment of sports facilities and for the fostering of industries falling under any of the following subparagraphs, which provide sports-related services, direct the Seoul Olympic Sports Promotion Foundation to lend its funds for such purposes: <Amended by Act No. 8852, 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; and |
| 4. | Other business determined by Presidential Decree. |
| (4) | The Government may take measures for tax reduction or exemption as prescribed by the provisions of the Restriction of Special Taxation Act for sporting goods, etc. which must be imported inevitably due to their high level of accuracy. |
| (5) | Any person who intends to be designated as a best manufacturer under paragraph (2) shall apply to the Minister of Culture, Sports and Tourism after obtaining the recommendation of the Minister of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008> |
| (6) | The Minister of Culture, Sports and Tourism may, when a person who has been designated as a best manufacturer under paragraph (2) has used money lent from the National Sports Promotion Fund for purposes other than those for which the money was lent, cancel such designation. <Amended by Act No. 8852, Feb. 29, 2008> |
| (7) | Local governments may provide for matters concerning measures necessary to encourage the production of sporting goods, etc. under paragraph (1) by their Municipal Ordinances. |
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| Article 18 (Subsidies to Local Governments, Schools, etc.) |
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| (1) | The State shall provide local governments, schools, etc. with subsidies to partly cover expenses incurred in promoting sports within the limit of budgetary appropriation each fiscal year. |
| (2) | The State and local governments shall provide the Korea Sports Council, the Korea Handicapped Persons Sports Council, the Seoul Olympic Sports Promotion Foundation and other sports organizations and sports science research institutes with subsidies to partly cover necessary expenses or research costs. |
CHAPTER Ⅲ NATIONAL SPORTS PROMOTION FUND
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| Article 19 (Establishment of Fund, etc.) |
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| (1) | The National Sports Promotion Fund (hereinafter referred to as the "Fund") shall be established in order to subsidize facilities costs and other expenses necessary for the promotion of sports. |
| (2) | The Fund shall be operated and managed as independent accounts by the Seoul Olympic Sports Promotion Foundation. |
| (3) | Matters necessary for the operation and management of the Fund shall be determined by Presidential Decree. |
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| Article 20 (Formation of Fund) |
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| (1) | The Fund shall be formed with the financial resources in each of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | Contributions by the Government and other persons; |
| 2. | Revenues from advertising businesses 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 Fund; |
| 5. | Revenues from the issuance of lottery tickets, distributed in accordance with Article 23 (1) of the Lottery Tickets and Lottery Fund Act; |
| 6. | Revenues from investment, etc. in business under Article 22 (3) 3 and 4; |
| 8. | Other revenues determined by Presidential Decree. |
| (2) | The Government shall include the contributions under paragraph (1) 1 in the budget expenditure of each fiscal year. |
| (3) | In cases where a person other than the Government makes contributions under paragraph (1) 1, he or she may make such contributions by specifying their use: Provided, That assistance to a specific individual shall not be specified as such use. |
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| Article 21 (Business Using Olympic Insignia) |
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| (1) | A person who intends to use the Olympic rings or any mark, design or slogan, including the Olympic rings or others similar thereto, for commercial purposes shall obtain approval from the Korean Olympic Committee. |
| (2) | The Korean Olympic Committee may have the Seoul Olympic Sports Promotion Foundation vicariously exercise the authority over the approval under paragraph (1). |
| (3) | Any person who has obtained approval for use under paragraph (1) shall pay fees as prescribed by Presidential Decree. |
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| Article 22 (Use of Fund, etc.) |
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| (1) | The Fund shall be used for the projects in each of the following subparagraphs: |
| 1. | R&D for the promotion of national sports and business for the propagation thereof; |
| 2. | Projects to support the expansion of national sports facilities; |
| 3. | Projects for the fostering of players and certified sports leaders; |
| 4. | Projects for the improvement of the welfare of players, certified sports leaders and athletes; |
| 5. | Advertising and other projects for the creation of the Fund; |
| 6. | Provision of subsidies for living costs under Article 14 (4); |
| 8. | Projects for the commemoration of the 24th Seoul Olympic Games and the 8th Seoul Paralympic Games; |
| 9. | Projects for the fostering of school sports teams; |
| 10. | Operation and support of the Korea Sports Council, the Korea Handicapped Persons Sports Council, the Korea Anti-Doping Agency, sports-for-all-related sports organizations and sports science research institutes; and |
| 11. | Other projects for the promotion of sports as determined by Presidential Decree. |
| (2) | In cases where an agency which manages the Fund under Article 19 (2) (hereinafter referred to as the "Fund management agency") operates and manages the Fund, the State or local governments may, in order to support the formation of the Fund, allow the Fund management agency to use, make profits with or lease State-owned or publicly-owned facilities, commodities or other property gratuitously within the extent that does not impede their uses or purposes. |
| (3) | The Fund management agency may contribute or invest part of the Fund or its own facilities, commodities or part of its other property to or in the following funds, business, etc. for the purposes of the promotion of national sports, fostering of juveniles, or the formation of the Fund: |
| 2. | Basic property of athletic affiliates; |
| 3. | Cycling racing and boat racing business, or integrated cable broadcasting business; and |
| 4. | Establishment, management, and operation of sports facilities under Article 36 (1) 3. |
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| Article 23 (Collection of Surcharges) |
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| (1) | If the Fund 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 by Act No. 8852, Feb. 29, 2008> |
| (2) | No amount of surcharge referred to in paragraph (1) shall exceed one tenth of an admission fee to a golf course. |
| (3) | The Fund management agency shall, when it obtains approval under paragraph (1), 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 Fund management agency. |
| (4) | When the operators of golf courses subject to collection of surcharges under paragraph (3) remit collected surcharges, they shall also submit documents related to the collection of surcharges, such as duplicates of surcharge collection books, to the Fund management agency. |
| (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 PROMOTION BETTING TICKETS
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| Article 24 (Business of Issuing Sports Promotion Betting Tickets, etc.) |
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| (1) | The Seoul Olympic Sports Promotion Foundation may conduct the business to issue sports promotion betting tickets for the creation of financial resources necessary for the fostering of national recreational sports, promotion of sports, etc. |
| (2) | The kind, betting method and wager amount per unit of sports promotion betting tickets, events subject to the issuance of sports promotion betting tickets and other necessary matters shall be determined by Presidential Decree. |
| (3) | The business of issuing sports promotion betting tickets under paragraph (1) shall not be governed by the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. |
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| Article 25 (Entrustment of Business of Issuing Sports Promotion Betting Tickets, etc.) |
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| (1) | For the purposes of the efficient performance of the business of issuing sports promotion betting tickets, the Seoul Olympic Sports Promotion Foundation shall entrust the operation of the business of issuing sports promotion betting tickets to an organization or individual under approval of the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | An organization or individual subject to approval for the entrustment of the business of issuing sports promotion betting tickets under paragraph (1) (hereinafter referred to as "entrusted business operator") shall satisfy each of the following requirements: |
| 1. | It is required to have economic and technical capabilities necessary for the performance of the business of issuing sport promotion betting tickets; |
| 2. | It must not have any criminal record of having been punished for conducting the business of issuing sports promotion betting tickets or other similar businesses by false or other unjust means inside and outside Korea; and |
| 3. | Other matters prescribed by Presidential Decree. |
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| Article 26 (Prohibition of Similar Act) |
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No person or entity, except for the Seoul Olympic Sports Promotion Foundation and entrusted business operator, shall be allowed to issue sports promotion betting tickets or engage in any activities similar thereto.
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| Article 27 (Refunds) |
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| (1) | The entrusted business operator shall make a refund in the amount of not less than 50/100 of the sales of sports promotion betting tickets to persons who have purchased sports promotion betting tickets and correctly predicted the results of games as prescribed by Presidential Decree. |
| (2) | The extinctive prescription of claims for the refund under paragraph (1) shall be complete if the refund is not claimed within one year from the date on which such refund commences, and the refunds of which extinctive prescription has completed shall revert to the Fund. |
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| Article 28 (Operating Expenses for Entrusted Business) |
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The entrusted business operator may appropriate the amount from sales of sports promotion betting tickets at a rate determined by the Minister of Culture, Sports and Tourism as operating expenses incurred in performing the business of issuing sports promotion betting tickets and expenses incurred in operating the relevant entrusted business, including commissions. In such cases, such amount of appropriation shall not exceed 25/100 of the sales of sports promotion betting tickets. <Amended by Act No. 8852, Feb. 29, 2008>
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| Article 29 (Use of Profits) |
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| (1) | The entrusted business operator shall transfer the total amount of sales of the business of issuing sports promotion betting tickets to the Seoul Olympic Sports Promotion Foundation each year as prescribed by Ministerial Decree of Culture, Sports and Tourism, deducting therefrom the refunds under Article 27 and expenses incurred in operating the relevant entrusted business under Article 28.<Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The Seoul Olympic Sports Promotion Foundation shall use the amount transferred by the entrusted business operator under paragraph (1) for each of the following purposes, after obtaining approval from the Minister of Culture, Sports and Tourism: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | Subsidization of local governments for the construction of soccer stadiums for the 2002 World Cup (including the repayment of debts); |
| 2. | Contributions to the Fund; |
| 3. | Subsidization of organizations organizing sports events subject to the issuance of sports promotion betting tickets; and |
| 4. | Support for cultural and sports projects determined by the Minister of Culture, Sports and Tourism. |
| (3) | Matters necessary for the rate, time, method, etc. of distribution of prof its under paragraph (2) shall be determined by Presidential Decree. |
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| Article 30 (Restrictions on Purchase of Sports Promotion Betting Tickets) |
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| (1) | The entrusted business operator shall not be allowed to sell sports promotion betting tickets or make refunds to minors. |
| (2) | Any person who falls under any of the following subparagraphs shall be prohibited from purchasing, arranging for the purchase of or acquiring sports promotion betting tickets: |
| 1. | A business operator issuing sports promotion betting tickets and its entrusted business operator; |
| 2. | A person who is in a position to supervise the business of issuing sports promotion betting tickets; |
| 3. | Players, managers, coaches, and referees of sports events subject to the issuance of sports promotion betting tickets and officers of athletic affiliates; |
| 4. | Officers and employees of organizations organizing sports events subject to the issuance of sports promotion betting tickets; and |
| 5. | Other persons engaged in the business of issuing sports promotion betting tickets. |
| (3) | The scope of persons falling under paragraph (2) 2 and 5 shall be determined by Presidential Decree. |
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| Article 31 (Approval of Business Plans, Supervision, etc.) |
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| (1) | The Seoul Olympic Sports Promotion Foundation shall have the entrusted business operator submit a plan for the operation of the business of issuing sports promotion 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 to cases where it intends to make modifications thereto. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The entrusted business operator shall submit reports on the results of business and settlement of accounts to the Minister of Culture, Sports and Tourism through the Seoul Olympic Sports Promotion Foundation within two months from the closing date of each business year. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) | The Minister of Culture, Sports and Tourism may, when he or she deems it necessary for the enforcement of this Act, issue orders or take measures necessary for the supervision of the entrusted business operator. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 32 (Nullification of Sale of Sports Promotion Betting Tickets, etc.) |
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| (1) | In cases where a certain number of sports events subject to the issuance of sports promotion betting tickets fails to be held after the sale of the relevant sports promotion betting tickets during the period in which such sports events are to be held or it is not possible to determine the outcomes of such sports events despite being held, the sale of such sports promotion 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 owns a sports promotion betting ticket, the sale of which has been nullified under paragraph (1) may claim the refund of amounts paid in purchase to the entrusted business operator. |
| (3) | The period of prescription of a claim for the refund of amounts paid in purchase under paragraph (2) shall expire unless it is exercised within one year from the date following the date on which the sale of the relevant sports promotion betting ticket is nullified, and such amount paid in purchase shall revert to the Fund. |
CHAPTER Ⅴ FOSTERING OF SPORTS ORGANIZATIONS
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| Article 33 (Korea Sports Council) |
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| (1) | The Korea Sports Council (hereinafter referred to as the "Sports Council") shall be established under the authorization of the Minister of Culture, Sports and Tourism to conduct the following business and activities related to the promotion of sports: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | Guidance and support for the business and activities of athletic affiliates; |
| 2. | Organization and international exchange of sports meets; |
| 3. | Business for the promotion of professional sports such as fostering of players and improvement of their performance; |
| 4. | Improvement of welfare of athletes; and |
| 5. | Other business necessary for the promotion of sports. |
| (2) | In order to raise money necessary for the achievement of the purposes under paragraph (1), the Sports Council may engage in profit-making business activities as prescribed by Presidential Decree. |
| (3) | The Sports Council shall be a juristic person. |
| (4) | The Sports Council may have branch offices, local branch offices, or overseas branch offices as prescribed by the articles of association. |
| (5) | Matters necessary for members and collection of membership fees of the Sports Council shall be prescribed in the articles of association. |
| (6) | The president from among officers of the Sports Council shall be elected as prescribed in the articles of association on condition that he or she is to take office after obtaining approval from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
| (7) | Except as otherwise provided in this Act, the provisions of the Civil Act pertaining to incorporated associations shall apply mutatis mutandis to the Sports Council. |
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| Article 34 (Korea Handicapped Persons Sports Council) |
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| (1) | The Korea Handicapped Persons Sports Council (hereinafter referred to as the "Handicapped Persons Sports Council") shall be established under the authorization of the Minister of Culture, Sports and Tourism to engage in the following business and activities for the promotion of sports of the handicapped: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | Guidance and support for the business and activities of the athletic affiliates of the handicapped; |
| 2. | Organization and international exchange of sports meets of the handicapped; |
| 3. | Business for the promotion of professional sports of the handicapped, such as fostering of handicapped players and improvement of their performance; |
| 4. | Fostering and propagation of sports-for-all for the handicapped; |
| 5. | Improvement of the welfare of handicapped players, certified handicapped sports leaders, and handicapped persons of merit in the world of sports; and |
| 6. | Other matters necessary for the promotion of sports of the handicapped. |
| (2) | In order to raise money necessary for the achievement of the purposes under paragraph (1), the Handicapped Persons Sports Council may engage in profit-making business as prescribed by Presidential Decree. |
| (3) | The Handicapped Persons Sports Council shall be a juristic person. |
| (4) | The Handicapped Persons Sports Council may have branch offices, local branch offices or overseas branch offices as prescribed in the articles of association. |
| (5) | Matters necessary for members and the collection of membership fees of the Handicapped Persons Sports Council shall be determined by the articles of association. |
| (6) | The Handicapped Persons Sports Council shall have a president, vice president, directors and auditor as its officers. |
| (7) | The number, term of office, method of election, etc. of the officers under paragraph (6) shall be determined by the articles of association on condition that the president is to take office after obtaining approval from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
| (8) | Except as otherwise provided for in this Act, the provisions of the Civil Act pertaining to incorporated associations shall apply mutatis mutandis to the Handicapped Persons Sports Council. |
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| Article 35 (Establishment of Korea Anti-Doping Agency) |
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| (1) | The Korea Anti-Doping Agency (hereinafter referred to as the "Anti-Doping Agency") shall be established under the authorization of the Minister of Culture, Sports and Tourism to engage in the following doping-related business and activities: <Amended by Act No. 8522, Feb. 29, 2008> |
| 1. | Education, public relations, collection of information and research for the prevention of 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; and |
| 6. | Other business and activities necessary for the prevention of doping. |
| (2) | The Anti-Doping Agency shall be a juristic person. |
| (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) | In order to raise funds required to conduct the business and activities under paragraph (1), the Anti-Doping Agency may engage in profit-making business activities as prescribed by Presidential Decree. |
| (5) | Except as otherwise provided for in this Act, the provisions of the Civil Act pertaining to incorporated foundations shall apply mutatis mutandis to the Anti-Doping Agency. |
| (6) | The Anti-Doping Agency may, if necessary for the performance of its duties, request the dispatch of public officials belonging to the relevant administrative organs or officers of the relevant agencies, organizations, etc. |
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| Article 36 (Seoul Olympic Sports Promotion Foundation) |
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| (1) | For the purposes of the commemoration of the 24th Seoul Olympic Games and the performance of the following business for the promotion of national sports, the Seoul Olympic Sports Promotion Foundation (hereinafter referred to as the "Promotion Foundation") shall be established under the authorization of the Minister of Culture, Sports and Tourism: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | Business for the commemoration of the 24th Seoul Olympic Games; |
| 2. | Creation, management and operation of the Fund and business 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; and |
| 5. | Other business approved by the Minister of Culture, Sports and Tourism. |
| (2) | The Promotion Foundation shall be a juristic person. |
| (3) | Except as otherwise provided for in this Act, the provisions of the Civil Act pertaining to incorporated foundations shall apply mutatis mutandis to the Promotion Foundation. |
| (4) | The Promotion Foundation may collect admission fees from persons who enter the sports facilities under paragraph (1) 3 which are established for the 24th Seoul Olympic Games to meet the expenses incurred in maintaining and managing such facilities. |
| (5) | When the Promotion Foundation intends to collect admission fees under paragraph (4), it shall obtain approval from the Minister of Culture, Sports and Tourism. The same shall apply to cases where it intends to make modifications thereto. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 37 (Officers) |
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| (1) | The Promotion Foundation shall have not more than fifteen directors, including one president and one full-time director, and two auditors. |
| (2) | The president shall be appointed and dismissed by the President of the Republic of Korea upon the recommendation of the Minister of Culture, Sports and Tourism; the directors, by the Minister of Culture and Tourism upon the recommendation of the president; and the auditors, by the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) | The term of office of president, full-time director, directors and auditors shall be three years. |
| (4) | The president shall represent the Promotion Foundation and supervise the affairs of the Promotion Foundation. |
| (5) | When the president is unable to perform his or her duties due to inevitable causes, the full-time director shall act for him or her according to the order prescribed in the articles of association. |
| (6) | The auditors shall audit the performance of duties and the accounts of the Promotion Foundation. |
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| Article 38 (Causes for Disqualification of Officers) |
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No person who falls under any of the following subparagraphs shall be an officer of the Promotion Foundation:
| 1. | An incompetent or quasi-incompetent; |
| 2. | Any person who was declared bankrupt and has yet to be reinstated; |
| 3. | Any person who has been sentenced to imprisonment without prison labor or a heavier punishment and for whom three years have not elapsed since the execution of such punishment was terminated or since the final judgement was rendered that the punishment on him or her would not be executed; and |
| 4. | Any person whose qualifications are forfeited or suspended pursuant to Acts or by a decision of a court. |
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| Article 39 (Supervision of Accounts, etc.) |
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| (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 by Act No. 8852, 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 close of each fiscal year. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) | The Minister of Culture, Sports and Tourism may inspect the business or financial status of the Promotion Foundation or issue orders necessary for supervisory purposes. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 40 (Borrowing Funds, etc.) |
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The Sports Council, the Handicapped Persons Sports Council, the Anti-Doping Agency or the Promotion Foundation may, when necessary for the achievement of the purposes of their business, 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 by Act No. 8852, Feb. 29, 2008>
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| Article 41 (Tax Reduction or Exemption, etc.) |
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| (2) | A special case of inclusion of income shall apply to the property donated to the Sports Council or contributed or donated to the Promotion Foundation as prescribed in the Restriction of Special Taxation Act. |
| (3) | In cases where the Sports Council, the Handicapped Persons Sports Council, the Anti-Doping Agency or the Promotion Foundation acquires movable or immovable property for its operations or activities, it shall be exempted from the obligation to purchase various kinds of bonds, etc. to be purchased under relevant Acts and subordinate statutes in accordance with the precedents of State organs. |
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| Article 42 (Prohibition from Use of Similar Names) |
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No person, other than the Sports Council, the Handicapped Persons Sports Council, the Anti-Doping Agency or the Promotion Foundation, shall be allowed to use the names of the Korea Sports Council, the Korea Handicapped Persons Sports Council, the Korea Anti-Doping Agency or the Seoul Olympic Sports Promotion Foundation or any other name similar thereto.
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| Article 43 (Supervision) |
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The Minister of Culture, Sports and Tourism shall supervise the Sports Council, the Handicapped Persons Sports Council, the Anti-Doping Agency and the Promotion Foundation. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
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| Article 44 (Reporting, Inspection, etc.) |
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| (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 Sports Council, the Handicapped Persons Sports Council, the Anti-Doping Agency, the Promotion Foundation, entrusted business operators 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, documents, or other materials. <Amended by Act No. 8852, Feb. 29, 2008> |
| (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. |
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| Article 45 (Hearings) |
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The Minister of Culture, Sports and Tourism shall, when he or she intends to cancel the designation of a best manufacturer under Article 17 (6), hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
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| Article 46 (Delegation or Entrustment of Authority) |
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The Minister of Culture, Sports and Tourism may, as prescribed by Presidential Decree, delegate part of his or her authority provided for in this Act to the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, or the superintendent of the office of education of the Special Metropolitan City, Metropolitan City or Do, or entrust it to the relevant administrative agency or organization. <Amended by Act No. 8852, Feb. 29, 2008>
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| Article 47 (Penal Provisions) |
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Any person who has harmed the fairness of sports events subject to the issuance of sports promotion betting tickets or interfered with the fair progress of such sports events by using deceptive schemes or force shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 25 million won.
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| Article 48 (Penal Provisions) |
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| (1) | Any player, manager, coach or officer of athletic affiliates of sports events subject to the issuance of sports promotion betting tickets who has received, demanded or promised property or pecuniary advantage in response to an illegal solicitation concerning his or her official duty shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 15 million won. |
| (2) | In cases where any person provided for in paragraph (1) has engaged in illegal conduct through committing a crime under paragraph (1), he or she shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding 20 million won. |
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| Article 49 (Penal Provisions) |
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In cases where a person provided for in Article 48 (1) has had a third person provide with property or pecuniary advantage, or has demanded or promised the provision of property or pecuniary advantage to a third person in response to an illegal solicitation concerning his or her official duty, he or she shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 15 million won.
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| Article 50 (Penal Provisions) |
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Any person who has promised, provided or expressed his or her intention to provide property or pecuniary advantage under Article 48 or 49 shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding ten million won.
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| Article 51 (Confiscation and Retroactive Collection) |
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Property under Articles 48 through 50 shall be confiscated: Provided, That in cases where it is impossible to confiscate such property, or pecuniary advantage has been acquired, the amount of value equivalent thereto shall be collected respectively.
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| Article 52 (Concurrent Imposition of Suspension of Qualification) |
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Suspension from qualification for a period of not more than ten years may be concurrently imposed on the offenses provided for in Articles 48 through 50.
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| Article 53 (Penal Provisions) |
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Any person who has violated Article 26 shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 15 million won.
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| Article 54 (Penal Provisions) |
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Any person who has violated Article 30 (1) or (2) shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding five million won.
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| Article 55 (Fines for Negligence) |
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| (1) | Any person who, without justifiable grounds, has failed to submit or has submitted by falsehood documents related to the payment of surcharges to the Fund management agency in violation of Article 23 (4) shall be imposed with a fine for negligence not exceeding five million won. |
| (2) | Any person who has violated Article 10 (3), 21 (1), 29 (1), or 31 (1) or (2) shall be imposed with a fine for negligence not exceeding two million won. |
| (3) | Any person who falls under any of the following subparagraphs shall be imposed with a fine for negligence not exceeding one million won: |
| 1. | Any person who has violated Article 42; |
| 2. | Any person who has failed to make a report under Article 44 (1) or has made such report by falsehood; and |
| 3. | Any person who has refused, interfered with or evaded an inspection under Article 44 (1). |
| (4) | The Minister of Culture, Sports and Tourism or the heads of local governments shall impose and collect fines for negligence under paragraphs (1) through (3) as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (5) | Any person who is dissatisfied with the disposition of a fine for negligence under paragraph (4) may raise an objection to the Minister of Culture, Sports and Tourism or the head of the relevant local government within 30 days from the date on which he or she received a notice of such disposition. <Amended by Act No. 8852, Feb. 29, 2008> |
| (6) | When a person who is subject to the disposition of a fine for negligence under paragraph (4) raises an objection under paragraph (5), the Minister of Culture, Sports and Tourism or the head of the relevant local government shall notify the competent court thereof without delay, and the competent court in receipt of such notice shall render a judgement on the fine for negligence in accordance with the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 8852, Feb. 29, 2008> |
| (7) | Any fine for negligence for which no objection is raised within the period under paragraph (5) and which remains unpaid shall be collected in accordance with the precedents of the disposition of national or local taxes in arrears. |
ADDENDA
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 the Addenda. Article 3 (Applicability to Term of Office of Auditors)
The amended provisions of Article 24-2 (3) of the National Sports Promotion Act which is amended by Act No. 7234 shall apply, starting from the auditors in office at the time when such provisions enter into force. In such cases, the term of office taken by auditors under the former provision as at the time when the same Act is in force shall be added thereto. Article 4 (Transitional Measures Concerning Korea Anti-Doping Agency)
| (1) | The Korea Anti-Doping Foundation established under the permission of the Minister of Culture and Tourism under Article 32 of the Civil Act on April 27, 2007 on which the National Sports Promotion Act, partially amended by Act No. 8276, enters into force shall prepare the articles of association of the Korea Anti-Doping Agency under the same Act by June 26, 2007, being when two months have passed since the National Sports Promotion Act, which was partially amended by Act No. 8276, and obtain the authorization of the Minister of Culture and Tourism therefor. |
| (2) | The Korea Anti-Doping Foundation shall, when it has obtained authorization under paragraph (1), make a registration of establishment of the Korea Anti-Doping Agency under the National Sports Promotion Act which is partially amended by Act No. 8276. |
| (3) | The Korea Anti-Doping Foundation shall, when it has completed the registration of establishment of the Korea Anti-Doping Agency under paragraph (2), shall be considered to have been dissolved, despite the provisions pertaining to the dissolution and liquidation of corporations under the Civil Act. |
| (4) | The Korea Anti-Doping Agency under the National Sports Promotion Act, partially amended by Act No. 8276, shall succeed all the rights, obligations and property of the Korea Anti-Doping Foundation on the date of registration of its establishment. |
| (5) | The officers and employees of the Korea Anti-Doping Foundation on April 27, 2007 on which the National Sports Promotion Act, partially amended by Act No. 8276, enters into force shall be deemed the officers and employees of the Korea Anti-Doping Agency under the same Act, and the term of office of the officers shall be calculated from the former date of appointment. |
Article 5 (Transitional Measures Concerning Regional Sports Promotion Council, etc.)
The Regional Sports Promotion Council, the National Sports Promotion Fund, sports promotion betting tickets, the Korea Sports Council and the Seoul Olympic Sports Promotion Foundation under the former provisions at the time when this Act enters into force shall be deemed the Regional Sports Promotion Council, the National Sports Promotion Fund, sports promotion betting tickets, the Korea Sports Council and the Seoul Olympic Sports Promotion Foundation under this Act, respectively.
Article 6 (General Transitional Measures Concerning Dispositions, etc.)
Acts by or against administrative organs under the former provisions at the time when this Act enters into force shall be considered acts by and against administrative organs corresponding thereto under this Act.
Article 7 (Transitional Measures Concerning Penal Provisions or Fines for Negligence)
In the application of penal provisions or fines for negligence against acts conducted before this Act enters into force, the former provisions shall prevail.
Article 8 Omitted.
Article 9 (Relations with Other Acts and Subordinate Statutes)
In cases where other Acts and subordinate statutes cited the former National Sports Promotion Act or the provisions thereof at the time when this Act enters into force, if there exist provisions corresponding thereto in this Act, they shall be deemed to have cited this Act or the corresponding provisions of this Act 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: Provided That …<Omitted.>… any amendment of the Acts to be amended under Article 6 of the Addenda, which have been promulgated before this Act enters into force even though the enforcement date thereof has yet to arrive shall enter into force on the date on which the relevant Acts enter into force. Articles 2 through 7 Omitted.
Last updated : 2009-11-02