Bicycle And Motorboat Racing Act


Published: 2011-04-05

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to enable people to make good use of their spare time, to promote the sound rearing of youth, to promote national sports, to provide funds for the expansion of local finance, and to im- prove the standard of bicycle and motorboat racing, by promoting bicycle and motorboat racing in a fair manner and smoothly distributing such racing.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "bicycle racing" refers to activities of issuing and selling tickets on which the purchasers indicate the possible winner of a particular bicycle race and of granting a prize to those who correctly predict a winner;
2. The term "motorboat racing" refers to activities of issuing and selling tickets on which the purchases indicate the possible winner of a particular motorboat race and of granting a prize to those who correctly predict a winner;
3. The term "ticket on which the purchaser thereof indicates the possible winner" refers to a ticket on which the method of choosing a winner of a race, the number of players, and the amount of the prize, and other matters are recorded, and which is issued and sold at the request of those who wish to receive a prize by correctly choosing a winner of a bicycle or motorboat race;
4. The term "prize" refers to the amount of money a bicycle racing or motorboat racing business operator grants to those who has selected a winner correctly or those who has purchases tickets on which the purchases indicate the possible winner after deducting the profits earned by selling such tickets and taxes from the total amount of money obtained by selling such tickets when the ranking of the players is decided and confirmed;
5. The term "value of tickets per unit" refers to the minimum selling price which is the basic unit in the issuance and sale of tickets on which the purchasers indicate the possible winner of the racing.
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 Article 3 (Relation to other Acts)   print
The issuance and sale of tickets on which the purchasers indicate the possible winner shall not be subject to the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc.
CHAPTER Ⅱ OPERATION, ETC. BICYCLE RACING AND MOTORBOAT RACING
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 Article 4 (Operation of Bicycle and Motorboat Racing)   print
(1) The local government or the Korea Sports Promotion Foundation (hereinafter referred to as the "Promotion Foundation") established pursuant to the National Sports Promotion Act shall operate bicycle or motorboat racing (hereinafter referred to as "racing") with permission from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) A person who obtains permission to hold racing under paragraph (1) (hereinafter referred to as "racing business operator") shall prepare a plan to hold racing annually, and shall obtain permission therefor from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 5 (Establishment of Racing Track, etc.)   print
(1) When a racing business operator intends to establish a bicycle or motorboat racing track (hereinafter referred to as "racing track"), he/she shall obtain approval from the Minister of Culture, Sports and Tourism by satisfying requirements prescribed by Presidential Decree. This shall also apply to an intended change to permitted matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) When the Minister of Culture, Sports and Tourism deems that facilities of the racing track is unsuitable for maintaining order in the racing track or for securing fairness of the racing game, he/she may order the racing business operator to change the facilities or order the racing business operator to take necessary measures for racing. <Amended by Act No. 8852, Feb. 29, 2008>
(3) When a person who has obtained permission for establishment of racing track under paragraph (1) fails to commence establishing it without justifiable grounds within one year after he/she has obtained permission, the Minister of Culture, Sports and Tourism may cancel such permission. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 6 (Hearings)   print
Where the Minister of Culture, Sports and Tourism intends to cancel permission for establishment of track under Article 5 (3), he/she shall hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 7 (Registration, etc. of Riders, Umpires, and Implements)   print
(1) A person who intends to participate in racing as a rider or umpire shall be registered with the Promotion Corporation: Provided, That any of the following persons may not be registered:
1. A person who has been declared incompetent, quasi-incompetent, or bankrupt, but has not yet been reinstated;
2. A person who has been sentenced to a fine or heavier punishment due to their violation of this Act;
3. A person who has been sentenced to imprisonment without prison labor or heavier punishment, and five years have not yet passed since the expiration of the term of sentence, or since the decision to exempt such sentence has been made.
(2) Necessary matters concerning qualifications, selection, registration, and training of those who intends to participate in racing as players or as umpires shall be prescribed by Presidential Decree.
(3) Bicycles and motorboats used in racing shall be registered with the Promotion Corporation.
(4) Necessary matters concerning types, sizes, inspection, and registra- tion of bicycles and motorboats used in racing, and other matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The Promotion Foundation may collect fees from those who register according to paragraphs (1) and (3), as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 8 (Admission Fees)   print
(1) A racing business operator may collect an admission fees from those who are admitted to a racing, or an outdoor counter under Article 9, when he/she holds the a racing. <Amended by Act No.10880, Jul. 21, 2011>
(2) Necessary matters concerning the amount of the admission fees, the object of fee collection and other matters under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 9 (Issuance and Sale of Ticket on which Purchasers Indicate Possible Winner)   print
(1) A racing business operator may issue and sell tickets on which the purchaser thereof indicates the possible winner of racing, when he/she holds racing.
(2) When a racing business operator intends to install facilities (hereinafter referred to as "outdoor counter") to handle affairs, such as the issuance and sale of tickets on which the purchaser indicates the possible winner of racing, payment of prizes and refund for a ticket, he/she shall obtain permission from the Minister of Culture, Sports and Tourism. This shall also apply where a racing business operator intends to relocate such outdoor counter. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Necessary matters concerning the value of tickets per unit, the method of issuing and selling tickets on which the purchaser indicates the possible winner of racing, and the standard for installation of an outside counter, and others matters shall be prescribed by Presidential Decree.
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 Article 10 (Indication of Warning Words)   print
(1) A racing business operator shall indicate words of warning on the front and rear of a ticket on which the purchaser indicates the possible winner of racing, and in advertisements prescribed by Presidential Decree regarding possible personal and social side effects, etc. caused by the excessive purchase of tickets on which the purchaser indicates the possible winner of racing.
(2) Necessary matters for the details and method of indicating words of warning under paragraph (1), and other matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 11 (Methods of Choosing Winners)   print
(1) The methods of choosing a winner of racing shall be divided into five: the method of choosing a winner by single winning, by multiple winnings, by successive winnings, by a pair of winnings, and by a special winning.
(2) Necessary matters concerning the methods of deciding a winner of racing according to the methods of choosing a winner under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 12 (Prize Money)   print
(1) A racing business operator shall grant a prize money, as prescribed by Presidential Decree, to those who correctly predict a winner using the total amount of money earned by selling tickets on which the purchaser indicates the possible winner of the racing.
(2) The face value of a ticket shall be granted to those who correctly predict a winner if the amount of the prize money under paragraph (1) is less than the face value of the ticket.
(3) The money earned by selling the tickets shall be granted to those who purchase a ticket on which the purchaser indicates the possible winner, as prescribed by Presidential Decree, if nobody correctly predicts a winner.
(4) In granting a prize money under paragraphs (1) and (3), if there are odds of less than ten won, the odds of less than five won shall be rounded down, and the odds of not less than five won shall be rounded up to ten won in such calculations.
(5) As a consequence of calculations under paragraph (4), profits, if any, shall revert to the revenue of the relevant racing business operator, and losses, if any, shall be included in the expenditure of the racing business operator.
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 Article 13 (Invalidation of Tickets)   print
(1) If the relevant racing falls under one of the following subparagraphs, after issuing and selling the tickets on which the purchasers indicate the possible winner of the racing, the selection of the winner of the relevant racing shall be invalid:
1. When only one rider or no rider participates in the racing;
2. When the racing does not take place.
(2) When there is no winner according to the method of choosing a winner under Article 11 (1), the selection of the winner according to the method of choosing a winner shall be invalid.
(3) When the player whose name is indicated on the ticket issued does not participate in such racing, the ticket on which the purchaser indicates the possible winner shall be invalid.
(4) The scope of players who are excluded from the prospective winners under paragraph (3) shall be prescribed by Presidential Decree according to each method of choosing a winner.
(5) A person who has invalid tickets on which the purchaser indicates the possible winner under paragraphs (1) through (3) may request the racing business operator to refund the purchasing price of such invalid ticket.
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 Article 14 (Extinctive Prescription)   print
(1) Claims on the prize under Article 12 and rights to refund the purchasing price under Article 13 (5) shall extinguish by prescription, if not exercised within one year from the date on which the relevant tickets are issued and sold. <Amended by Act No. 10553, Apr. 5, 2011>
(2) The prize and the purchasing price under paragraph (1) shall devlove on the national sports promotion fund under the National Sports Promotion Act. <Newly Inserted by Act No. 10553, Apr. 5, 2011>
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 Article 15 (Profits Earned by Selling Tickets)   print
(1) A racing business operator may take a certain rate of money prescribed by the Minister of Culture, Sports and Tourism from the total amount of money earned by selling tickets on which the purchasers indicate the possible winner as operating expenses incurred in holding the racing, earnings, reserves for compensation of losses, and reserves for improvement of facility environment. In such cases, the amount of income shall not exceed 20/100 of the total mount of money earned by selling tickets. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where the taxes on the amounts for selling tickets on which the purchases indicate the possible winner are reduced or exempted in order to support a racing track construction project pursuant to the related Acts and subordinate statutes, a racing business operator may take the money by summing up the amount equivalent to the rate of such reduction or exemption. In such cases, the reduced or exempted amount of taxes for the racing track construction project from among the income amounts shall not be used for other than the racing track construction project, notwithstanding Article 18.
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 Article 16 (Reserves for Compensation of Loss)   print
(1) A racing business operator shall lay aside the reserves for compensation of losses within the limit of 5/1000 of the total amount of money obtained by selling tickets on which the purchasers indicate the possible winner as prescribed by Presidential Decree.
(2) When a racing business operator intends to use the reserves under paragraph (1) to compensate for losses, he/she shall obtain approval from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(3) A racing business operator may, if he is the Promotion Corporation, use the reserves for compensation of losses under paragraph (1) to con- tribute to the national sports promotion fund under Article 18 (1) 1 by obtaining the approval of the Minister of Culture, Sports and Tourism, and, if he/she is a local government, use it as funds to promote local sports under subparagraph 2 of the same paragraph by obtaining the approval of the Minister of Culture and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 17 (Reserves to Improve Facility Environment)   print
(1) A racing business operator shall set aside reserves for improvement of facility environment within the extent not exceeding 15/1000 of the total amount of money earned by selling tickets on which the purchasers indicate the possible winner, as prescribed by Presidential Decree.
(2) The reserves for improvement of facility environment under paragraph (1) shall be used for the expansion, etc. of viewing and convenient facilities, as prescribed by Presidential Decree, and where a racing business operator uses the reserves for improvement of facility environment, he/she shall obtain approval from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(3) A racing business operator may, if he/she is the Promotion Corporation, use the reserves for improvement of facility environment under paragraph (1) to contribute to the national sports promotion fund under Article 18 (1) 1 by obtaining approval from the Minister of Culture, Sports and Tourism, and, if he/she is a local government, use it as funds to promote local sports under subparagraph 2 of the same paragraph by obtaining approval from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 18 (Use of Earnings)   print
(1) A racing business operator shall use earnings under Article 15 (1) earned by holding a racing for the following purposes: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9581, Apr. 1, 2009; Act No. 9685, May 21, 2009>
1. Contributions to the National Sports Promotion Fund under the National Sports Promotion Act, the Juvenile Fostering Fund under the Framework Act on Juveniles, the Culture and Arts Promotion Fund under the Culture and Arts Promotion Act, and the Fund for the Establishment and Promotion of Small and Medium Enterprises under the Small and Medium Enterprises Promotion Act: Provided, That the contributions to the Fund for the Establishment and Promotion of Small and Medium Enterprises under the Small and Medium Enterprises Promotion Act shall be preferentially used to foster the bicycle and motor boat industry;
2. Subsidization for the expansion of local finance in order to promote local sports;
3. Other public projects prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(2) Necessary matters concerning the distribution, use, etc. of the earnings, and others under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 19 (Entrustment of Racing Business)   print
(1) If deemed necessary, a racing business operator may entrust an organization or individual prescribed by Presidential Decree with the racing business by obtaining approval from the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) When a racing business operator entrusts the racing business under paragraph (1), he/she shall provide the trustee of the racing enterprise (hereinafter referred to as "trustee of business") with operating expenses incurred in performing the trusted business, the amount of which is equivalent to that prescribed by Presidential Decree.
(3) A trustee of business shall submit an operation plan of the racing business and a plan for revenues and expenditure to the racing busines operator annually.
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 Article 20 (Racing Operation Committee)   print
A racing business operator (including a trustee of business under Article 19; hereinafter the same shall apply) shall employ racing operation committee in order to execute affairs regarding racing, as prescribed by Presidential Decree.
CHAPTER Ⅲ SUPPLEMENTARY PROVISIONS
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 Article 21 (Control, etc. over Racing Track)   print
(1) A racing business operator shall take necessary measures for the fair operation of the racing and for the maintenance of order in the racing track.
(2) Necessary matters concerning the measures under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 22 (Welfare, etc. of Riders and Umpires)   print
(1) A racing business operator shall take necessary measures for the wel- fare and safety of the riders and umpires, and any other person engaged in the racing.
(2) Necessary matters concerning the welfare, safety measures, etc. under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 23 (Order, Disposition, and Inspection)   print
(1) The Minister of Culture, Sports and Tourism may issue an order or administrative dispositions necessary for his/ her supervision to the racing business operator, if he/she deems it necessary for implementing this Act. <Amended by Act No. 8852, Feb. 29, 2008>
(2) If deemed necessary, the Minister of Culture, Sports and Tourism may have a racing business operator report on the racing business or may have the public officials under his/her jurisdiction enter the main office of the racing business operator or the racing track, and inspect the account book, documents, and other materials. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Public official who performs an inspection under paragraph (2) shall carry a certificate indicating his/ her authority and produce it to the related person.
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 Article 24 (Prohibition of Similar Activities)   print
No person other than a racing business operator shall conduct racing nor any profit-making activities relating to the purchase, solicitation, transfer etc. of the tickets on which the purchasers indicate the possible winner, and shall issue or sell tickets on which the purchasers indicate the possible winner or similar tickets, nor grant money to the persons who correctly predict the winner.
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 Article 25 (Restriction, etc. on Purchase of Tickets in Which Purchasers Indicate Possible Winner)   print
(1) No racing business operator shall sell a minor any ticket on which the purchasers indicate the possible winner of a racing.
(2) No person who falls under any of the following subparagraphs shall buy, recommend, and take over the tickets on which the purchasers indicate the possible winner:
1. A person involved in the racing game as a supervisor;
2. A racing business operator;
3. A person registered as a rider or umpire under Article 7 (1);
4. Minors;
5. Others engaged in the operation of the racing.
(3) The scope of persons referred to in paragraph (2) 1 and 5 shall be prescribed by Presidential Decree.
CHAPTER Ⅳ PENAL PROVISIONS
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 Article 26 (Penal Provisions)   print
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years, or by a fine not exceeding 15 million won:
1. A person who harms the fairness of racing or interferes with a fair implementation by using deceptive means or force;
2. A person who interferes with the smooth implementation of racing by entering, without permission, the racing track or by throwing alien substances etc., or a person who threatens the safety of persons engaged in the racing, such as the riders, umpires etc.
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 Article 27 (Penal Provisions)   print
(1) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years, or by a fine not exceeding ten million won:
1. A person who violates Article 24;
2. A person who bets money on the racing referred to in this Act for profit-making purposes, or who assists therein;
3. The counterparts of the act referred to in subparagraph 2 of this paragraph who fall under Article 25 (2) 1, 2 and 5.
(2) A person who attempts a crime stipulated under paragraph (1) shall be punished.
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 Article 28 (Concurrent Imposition of Penalties)   print
Imprisonment and a fine may be imposed concurrently in cases under Article 27 (1).
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 Article 29 (Penal Provisions)   print
(1) If a rider or umpire receives, requests, or promises goods or financial gains, in return for any illegal solicitation for favors related to his/her duties, he/she shall be punished by imprisonment for not more than five years, or by a fine not exceeding 15 million won.
(2) If a rider or umpire performs an illegal act committing a crime under paragraph (1), he/she shall be punished by imprisonment for not more than seven years, or by a fine not exceeding 20 million won.
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 Article 30 (Penal Provisions)   print
If a rider or umpire have any third party offer goods or financial gains, or make a request or promise therefor, in return for any illegal solicitation for favors related to his/her duties, he/she shall be punished by imprisonment for five years, or by a fine not exceeding 15 million won.
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 Article 31 (Penal Provisions)   print
A person who promises, offers, or expresses an intention to offer any goods or financial gains referred to in Articles 29 and 30 shall be punished by imprisonment for not more than two years, or by a fine not exceeding five million won.
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 Article 32 (Confiscation and Additional Charge)   print
Goods referred to in Articles 29 through 31 shall be confiscated: Provided, That when it is impossible to confiscate the goods or when an offender has already received financial gains, the amount of money equivalent to financial gains shall be collected from him/her.
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 Article 33 (Concurrent Imposition of Suspension of Qualification and Legal Punishment)   print
The suspension of qualification for not more than ten years may be concurrently imposed on an offender who commits a crime under Articles 29 through 31.
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 Article 34 (Penal Provisions)   print
A person who violates Article 25 (1) and (2) shall be punished by imprisonment for not more than one year, or punished by a fine not exceeding three million won.
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 Article 35 (Fines for Negligence)   print
(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won: <Amended by Act No. 8852, Feb. 29, 2008>
1. A person who fails to obtain permission for matters subject to permission by the Minister of Culture, Sports and Tourism under Article 4 (1), 5 (1) or 9 (2);
2. A person who fails to obtain approval for matters subject to approval by the Minister of Culture, Sports and Tourism under Article 4 (2), 16 (2) or 19 (1);
3. A person who violates an order issued under Article 5 (2) or 23 (1);
4. A person who fails to report required under Article 23 (2), or a person who reports in falsity, or a person who refuses, interferes with, or evades an inspection
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(3) A person who is dissatisfied with a disposition of the fine for negligence under paragraph (2) may raise an objection to the Minister of Culture, Sports and Tourism within 30 days after the person is notified of such disposition. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Where a person who has been punished by a fine for negligence under paragraph (2) raises an objection under paragraph (3), the Minister of Culture, Sports and Tourism shall promptly notify the competent court, which in turn shall proceed to a trial on the fine for negligence according to Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 8852, Feb. 29, 2008>
(5) Where neither objection is raised nor a fine for negligence paid within the period stipulated under paragraph (3), such fine for negligence shall be collected in the same manner as the delinquent national taxes are collected.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (General Transitional Measures concerning Disposition, etc.) Acts performed by or against administrative agencies pursuant to former provisions as at the time this Act enters into force shall be deemed acts by or against administrative agencies pursuant to this Act corresponding thereto.
(3) (Transitional Measures concerning Penal Provisions or Fines for Negligence) When penal provisions or provisions of fines for negligence are applied to an act performed before this Act enters into force, the former provisions shall be applicable.
(4) Omitted.
(5) (Relation to other Acts and Subordinate Statutes) Where the former Bicycle and Motorboat Racing Act or a provision thereof is cited in another Act or subordinate statute as at the time this Act enters into force, this Act or the corresponding provision of this Act shall be deemed to have been cited in place of the former provision if such a provision corresponding thereto exists in this Act.
ADDENDA Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM Act No. 9581, Apr. 1, 2009>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 10553, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Devolving on the National Sports Promotion Fund)
The amended provisions of Article 14 (2) shall apply to claims on the prize and right to request a refund on the purchasing price of which extinctive prescription are completed on and after this Act enters into force.
ADDENDA<Act No. 10880, Jul, 21, 2011>
This Act shall enter into force on the date of its promulgation.