Enforcement Decree Of The Bicycle And Motorboat Racing Act


Published: 2012-04-10

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to provide for matters delegated by the Bicycle and Motorboat Racing Act and matters necessary for the enforcement thereof.
CHAPTER II HOLDING, ETC. OF BICYCLE AND MOTORBOAT RACING
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 Article 2 (Application for Permission to Hold Racing)   print
Where a local government or the Korea Sports Promotion Foundation (hereinafter referred to as the "Promotion Foundation") intends to obtain permission to hold a bicycle or motorboat racing (hereinafter re as"racing") under Article 4 (1) of the Bicycle and Motorboat Racing Act (hereinafter referred to as the "Act"), it shall submit an application (including an application in the form of electronic documents) for permission to hold a racing with the following documents (including any electronic documents) to the Minister of Culture, Sports and Tourism: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. A summary of its business plan;
2. Facility specifications of, or an installation plan for, bicycle or motorboat racing tracks (where it has leased a bicycle or motorboat racing track, a rental contract and facility specifications, and a document verifying whether the relevant bicycle or motorboat racing track conforms to the standards for facilities and equipment under Article 5);
3. A racing operation plan;
4. A plan for raising funds to be incurred.
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 Article 3 (Opening of Racing)   print
(1) Where a person who has obtained permission to hold a racing under Article 4 (1) of the Act (hereinafter referred to as "racing business operator") intends to obtain approval to open a racing pursuant to Article 4 (2) of the Act, he/she shall prepare a plan for opening a racing (including a plan in the form of electronic documents) stating the following matters and submit it to the Minister of Culture, Sports and Tourism by 60 days prior to the commencement of each business year: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. The number of days to open racing in each year;
2. Types and the number of racing to be opened in each year;
3. A budget for income and expenditure.
(2) Where a racing business operator intends to increase the number of days to open racing after obtaining approval under paragraph (1), he/she shall obtain approval from the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
(3) A racing business operator shall determine matters concerning the types of racing, operation methods, racing rules, etc. with approval from the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 4 (Application for Permission to Establish Racing Tracks)   print
(1) Where a racing business operator intends to obtain permission to establish a bicycle or motorboat racing track (hereinafter referred to as "racing track") under Article 5 (1) of the Act, he/she shall submit an application (including an application in the form of electronic documents) for permission to establish a racing track with the following documents (including electronic documents) to the Minister of Culture, Sports and Tourism: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. Documents describing the location of establishment and total area of the site (a land registration map in the scale of at least 1/25000 shall be attached);
2. A land (water surface) utilization plan;
3. A construction plan and a plan for raising funds to be incurred;
4. A document describing the area of each facility and each floor and facility specifications;
5. An arrangement plan of facilities (it shall be indicated on the land registration map);
6. A plan for sewage disposal and a plan for afforestation and environment creation;
7. Where the real estate concerned is owned by another person, documents that proves the right to use the real estate.
(2) The Minister of Culture, Sports and Tourism who has received an application under paragraph (1) shall verify the certified copy of the real estate register through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
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 Article 5 (Standards for Facilities and Equipment of Racing Tracks)   print
The standards for the facilities and equipment of racing tracks shall be as shown in attached Table 1.
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 Article 6 (Qualifications of Riders and Umpires)   print
(1) A person who intends to be registered as a rider or umpire to participate in a racing or to be engaged in racing shall pass the qualifying examination administered by the Promotion Foundation.
(2) The Promotion Foundation shall determine matters concerning the standard, method, etc. of the qualifying examination under paragraph (1) with approval from the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 7 (Registration of Riders and Umpires)   print
(1) A person who intends to be registered as a rider or umpire under Article 7 (1) of the Act shall submit to the Promotion Foundation an application (including an application in the form of electronic documents) for registration as a rider or umpire, with a certificate of passing the qualifying examination under Article 6.
(2) The Promotion Foundation shall, upon receipt of an application for registration provided for in paragraph (1), examine such application and, if no error exists in it, shall register the relevant applicant in the register of riders and umpires and issue to him/her a registration certificate shown in the attached Form.
(3) Where any ground arises to modify matters stated in a registration certificate provided for in paragraph (2), an applicant shall submit to the Promotion Foundation an application for modifying matters stated in the registration certificate (including an application in the form of electronic documents) with documents proving such ground (including electronic documents), within one month from the date such ground arises.
(4) The Promotion Foundation may process data which includes resident registration numbers under Article 19 of Enforcement Decree of the Personal Information Protection Act, if necessary to conduct the affairs of the registration or the alteration thereof under paragraph (1) or (3). <Newly Inserted by Presidential Decree No. 23407, Dec. 28, 2011>
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 Article 8 (Term of Validity of Registration, etc.)   print
(1) The term of validity of registration of riders and umpires shall be two years for each from the registration date.
(2) Where a rider or umpire intends to be re-registered following the expiration of the term of validity of registration under paragraph (1), he/she shall file an application for re-registration to the Promotion Foundation by 30 days prior to the expiration date of the term of validity.
(3) The Promotion Foundation in receipt of an application for re-registration under paragraph (2) shall conduct tests for physical condition and aptitude of an applicant, and other necessary examinations, and have those who pass such tests and examinations re-registered.
(4) The Promotion Foundation shall determine matters concerning the standard, method, etc. of tests and examinations under paragraph (3) with approval from the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 8-2 (Advance Notice concerning Term of Validity of Registration)   print
(1) The Promotion Foundation shall, in advance, inform riders and umpires of the fact that they shall file an application for re-registration with the Promotion Foundation by no later than 30 days prior to the expiration date of the term of validity of registration, and of re-registration procedures by no later than two months prior to the expiration date of the term of validity of registration.
(2) The notice provided for in paragraph (1) may be made by text messaging on a mobile phone, e-mail, facsimile, or telephone, or in a document, etc.
[This Article Newly Inserted by Presidential Decree No. 23407, Dec. 28, 2011]
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 Article 9 (Training, etc. of Riders and Umpires)   print
(1) The Promotion Foundation shall offer education and training to riders and umpires, for the purpose of improving their qualities, ensuring fair racing operation, etc.
(2) The Promotion Foundation shall determine matters concerning the course, method, etc. of education and training under paragraph (1) with approval from the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 10 (Arrangement of Riders, etc.)   print
(1) A racing business operator who is a local government may request the Promotion Foundation to arrange for riders and umpires.
(2) The Promotion Foundation in receipt of a request for the arrangement of riders and umpires under paragraph (1) shall earnestly comply therewith.
(3) The Promotion Foundation shall determine matters concerning procedures, standards and expenditures of the arrangement of riders and umpires for a racing business operator who is a local government, with approval from the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 11 (Issuance of Tickets on which Purchasers Indicate Possible Winner of Racing)   print
(1) The value of tickets per unit of tickets on which purchases thereof indicate the possible winer of a racing under Article 9 (3) of the Act shall be 100 won.
(2) Tickets on which the purchaser indicates the possible winner of a racing shall be issued in the value of tickets per unit of tickets under paragraph (1), and a racing business operator may issue multiple-winner tickets on which are indicated the details of two or more tickets on which the purchaser indicates the possible winner of a racing.
(3) Tickets on which the purchaser indicates the possible winner of a racing shall be sold only after the list of participating riders is confirmed, and shall be finished before the commencement of the relevant racing.
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 Article 12 (Correction of Details of Tickets on which Purchasers Indicate Possible Winner of Racing)   print
(1) Where the details of a ticket on which the purchaser indicates the possible winner of a racing differ from those of the ticket which its purchaser intends to purchase, a request for the correction of the contents may be made only before the purchaser leaves the ticket counter and the sale of the ticket has not been finished.
(2) Where a request for correction under paragraph (1) is made, a racing business operator shall immediately switch the ticket concerned with a corrected ticket and, where the switching of a ticket is impossible, it shall return the value of the relevant ticket to the purchaser.
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 Article 13 (Issuance of Purchasing Coupons)   print
(1) Where those who intend to purchase tickets make a request, a racing business operator may issue purchasing coupons with which one can buy tickets on which the purchaser indicates the possible winner of a racing.
(2) Purchasing coupons under paragraph (1) may not be used for purposes other than to buy tickets on which the purchaser indicates the possible winner of a racing.
(3) Where a person who has a purchasing coupon requests for refund of the coupon, a racing business operator so requested shall comply therewith.
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 Article 14 (Posting Notice on Prize Rate, etc.)   print
Where a racing business operator completes the sale of tickets on which the purchaser indicates the possible winner of a racing for each racing is complete, he/she shall immediately post, at a specific place within the racing track, notice on the total amount of sales and a prize rate per unit of tickets on which the purchaser indicates the possible winner of a facing, of each winner-selection method.
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 Article 15 (Applications for Permission to Establish Outdoor Counters)   print
(1) Where a racing business operator intends to obtain permission to establish an outdoor counter under Article 9 (2) of the Act, he/she shall submit to the Minister of Culture, Sports and Tourism an application (including an application in the form of electronic documents) for permission to establish an outdoor counter with the following documents (including electronic documents): <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 23718, Apr. 10, 2012>
1. Documents that state the location of establishment and the area of the facilities (an urban or Gun planning map of the relevant region shall be attached);
2. A ground plan of a facility;
3. Where the real estate concerned is owned by another person, documents proving the right to use such real estate.
(2) The Minister of Culture, Sports and Tourism who has received an application under paragraph (1) shall verify the certified copy of the real estate register through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
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 Article 16 (Standards for Facilities of Outdoor Counters)   print
An outdoor counter shall have the following facilities and equipment:
1. Facilities for broadcasting racing on the spot, and equipment incidental thereto;
2. Electronic data processing system that displays the total amount of sales, prize rates, etc. of tickets on which the purchaser indicates the possible winner of a racing;
3. Facilities to issue tickets on which the purchaser indicates the possible winner of a racing and facilities to deliver prize money, etc.;
4. Appropriate convenience facilities for spectators.
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 Article 17 (Advertisements containing Warning Notices)   print
"Advertisements prescribed by Presidential Decree" in Article 10 (1) of the Act means the following advertisements:
1. Stickers or posters displayed at a racing track or an outdoor counter installed under Articles 5 and 9 of the Act;
2. Publicity materials published periodically or non-periodically by a racing business operator;
3. Other advertisements using the press media.
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 Article 18 (Choosing Winners in Racings)   print
The determination of a winner of a racing according to each method of determining a winner under Article 11 (1) of the Act shall be as stated in the following subparagraphs: <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
1. According to the method of choosing a single winner, the winner shall be a rider who first arrives at the finish line;
2. According to the method of choosing two winners, the winner shall be a set of two riders who arrive at the finish line first and second, irregardless of the order of their arrival;
3. According to the method of choosing consecutive winners, the winner shall be riders who arrive at the finish line first and second where the number of participating riders is no less than five but no more than seven, and the winner shall be riders who arrive first, second and third where the number of participating riders is at least eight;
4. According to the method of choosing a pair of winners, the winner shall be a set of two riders who arrive at the finish line in the order of their arrival;
5. According to the method of choosing a special winner, the winner shall be determined by a racing business operator with approval from the Minister of Culture, Sports and Tourism.
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 Article 19 (Prize Money)   print
(1) The amount of the prize money to be granted to those who correctly predict the winner of the racing under Article 12 (1) of the Act shall be an amount of money obtained by dividing the amount calculated by the formula in attached Table 2 by the number of units of tickets on which are indicated the winner and, where the prize money is subject to taxation, the tax amount calculated by the formula in attached Table 3 shall be deducted from the prize money.
(2) If the prize money under paragraph (1) is less than the value of winning tickets per unit, the amount of money equivalent to the value of winning tickets per unit shall be the prize money.
(3) The prize money to be paid where no one correctly predicts the winner under Article 12 (3) of the Act shall be the amount of money obtained by dividing the amount calculated by the formula in attached Table 2 by the number of winning tickets per unit.
(4) Where two or more riders arrive at the finish line simultaneously and become joint winners, matters concerning the distribution of the prize money shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
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 Article 20 (Reserves for Compensation of Loss)   print
A racing business operator shall lay aside 2/1000 of the total amount of money obtained by selling tickets on which the purchaser indicates the possible winner of a racing as reserves for compensation of loss in accordance with Article 16 (1) of the Act.
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 Article 21 (Reserves for Improvement of Facility Environment)   print
(1) A racing business operator shall lay aside 10/1000 of the total amount obtained by selling tickets on which the purchaser indicates the possible winner of a racing as reserves for the improvement of facility environment in accordance with Article 17 (1) of the Act.
(2) The reserves for the improvement of facility environment under paragraph (1) shall be used for the following projects:
1. Improvement and repair of racing tracks and outdoor counters;
2. Replacement and repair of equipment of broadcasting, electronic data processing, etc. installed at racing tracks, etc.;
3. Expansion, or improvement and repair of, the operational facilities and convenience facilities for spectators at racing tracks, etc.
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 Article 22 (Use of Earnings)   print
(1) The distribution rate of earnings pursuant to Article 18 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21480, May 6, 2009; Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 22379, Sep. 17, 2010>
1. Where the relevant racing business operator is a local government:
(a) 60/100 for the promotion of local sports, etc.;
(b) 10/100 as a contribution to the National Sports Promotion Fund under the National Sports Promotion Act;
(c) 10/100 as a contribution to the Juvenile Nurture Fund under the Framework Act on Juveniles;
(d) 17.5/100 as a contribution to the Fund for the Establishment and Promotion of Small and Medium Enterprises under the Small and Medium Enterprises Promotion Act;
(e) 2.5/100 for public projects prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;
2. Where the relevant racing business operator is the Promotion Foundation:
(a) 40/100 as a contribution to the National Sports Promotion Fund under the National Sports Promotion Act;
(b) 19.5/100 as a contribution to the Juvenile Nurture Fund under the Framework Act on Juveniles;
(c) 10/100 as a subsidy to local finance for the promotion of local sports, etc.;
(d) 4/100 as a contribution to the Fund for the Establishment and Promotion of Small and Medium Enterprises under the Small and Medium Enterprises Promotion Act;
(e) 24.5/100 as a contribution to the Culture and Arts Promotion Fund under the Culture and Arts Promotion Act;
(f) 2/100 for public projects prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.
(2) Where a racing business operators suffers a loss from the business in the previous year, he/she may use the profits of the current year to compensate the loss of the previous year, with a priority over the uses under paragraph (1).
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 Article 23 (Scope, etc. of Entrusted Operators)   print
(1) A racing business operator may entrust its racing business to the following organizations pursuant to Article 19 (1) of the Act: <Amended by Presidential Decree No. 22324, Aug. 4, 2010>
1. Where the relevant racing business operator is a local government:
(a) A local government-invested public corporation or local government public corporation established under the Local Public Enterprises Act;
(b) The Promotion Foundation;
(c) Companies established under the Commercial Act;
2. Where the relevant racing business operator is the Promotion Foundation: Companies established under the Commercial Act.
(2) From among the affairs of its racing business, a racing business operator may entrust the following affairs to a company established under the Commercial Act, pursuant to paragraph (1): <Newly Inserted by Presidential Decree No. 22324, Aug. 4, 2010>
1. Issuance of tickets on which the purchaser indicates the possible winner of a racing, or of purchasing coupons under Article 13 (1);
2. Payment of prize money;
3. Payment of refund under Article 13 (5) of the Act;
4. Operation, maintenance and repair of the system (including terminals) for issuing tickets on which the purchaser indicates the possible winner of a racing;
5. Collection of admission fees, preservation of order at racing tracks, etc. and management of facilities;
6. Other incidental affairs that are not directly related to racing and recognized by the Minister of Culture, Sports and Tourism as necessary.
(3) Where the racing business is entrusted under paragraph (1), the amount of expenses for racing operation to be provided to the entrusted operator shall be determined through consultation between the relevant truster and trustee, within the scope of not exceeding 10/100 of the amount of money obtained by selling tickets on which the purchaser indicates the possible winner of a racing.
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 Article 24 (Racing Operation Committee Members)   print
(1) The number of the racing operation committee members pursuant to Article 20 of the Act shall be no more than 20.
(2) Racing operation committee members shall carry out affairs such as holding racings, inspecting racing equipment, etc., issuing tickets on which the purchaser indicates the possible winner of a racing and paying the prize money, preserving order at racing tracks, etc., and other affairs concerning the management of facilities and equipment.
CHAPTER III SUPPLEMENTARY PROVISIONS
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 Article 25 (Wearing Identification Card)   print
A racing business operator shall issue executives and employees, riders, umpires and other persons engaged in racing with an identification card that displays their respective position and require them to wear it in racing tracks and outdoor counters during racing.
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 Article 26 (Control, etc. of Racing Tracks, etc.)   print
For a fair racing, a racing business operator shall take the following measures:
1. Inspection of racing equipment, such as bicycles, motorboats, etc.;
2. Prevention of disqualified riders from participating in a racing;
3. Sanctions on riders, umpires, etc.;
4. Prevention of those who are likely to disturb the order in racing tracks or outdoor counters from entering the facilities, or issuance of an order for their expulsion from the facilities;
5. Other measures necessary for securing fair operation of racing.
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 Article 27 (Welfare, etc. of Riders and Umpires)   print
(1) A racing business operator shall establish and implement a plan for the welfare and safety of riders and umpires who participate in racing and other persons engaged in racing.
(2) The plan for the welfare and safety under paragraph (1) shall include matters such as the payment of prize money and allowances, compensation policy for accidents, etc.
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 Article 28 (Scope of People Prohibited from Purchasing, etc. Tickets)   print
(1) "Person involved in the racing game as a supervisor" in Article 25 (2) 1 of the Act shall be a public official under the control of the supervisory office of the racing business who takes charge of affairs concerning the racing business.
(2) "Any other persons engaged in the operation of the racing" in Article 25 (2) 5 of the Act shall be the following persons: <Amended by Presidential Decree No. 22324, Aug. 4, 2010>
1. Public officials, executives and employees who belong to the supervisory office of the racing business in a local government or the Promotion Foundation (including those entrusted with the racing business by a local government or the Promotion Foundation under Article 23) that has obtained permission to hold a racing under Article 4 (1) of the Act;
2. Persons, other than those prescribed in paragraph (1), who work at a business place of the racing industry.
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 Article 29 (Standards for Imposing Fines for Negligence)   print
(1) The standards for imposing fines for negligence pursuant to Article 35 (1) of the Act shall be as shown in attached Table 4.
(2) The Minister of Culture, Sports and Tourism may aggravate or abate a fine for negligence within the extent of 1/2 of the amount of the relevant fine under attached Table 4, in consideration of the severity of the violation, the number of violations, motive for the violation and the consequences thereof: Provided, That even the aggravated amount of the fine for negligence shall not exceed the upper limit of fines for negligence under Article 35 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 22324, Aug. 4, 2010
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Relationship with other Acts and Subordinate Statutes)
Where the Enforcement Decree of the Bicycle and Motorboat Racing Act or a provision thereof is cited in other Acts and subordinate statutes as at the time this Decree enters into force, this Decree or the corresponding provision thereof shall be deemed to have been cited in lieu of the former provision if such provision corresponding thereto exists in this Decree.
ADDENDA <Amended by Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Amended by Presidential Decree No. 21480, May 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 8, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Amended by Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Amended by Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Amended by Presidential Decree No. 22324, Aug. 4, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Amended by Presidential Decree No. 22379, Sep. 17, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
A racing business operator shall use earnings accrued in 2009 under Article 15 (1) of the Act by applying the distribution rate under the amended provision of Article 22 (1), and such distribution shall be made within one month from the enforcement date of this Decree.
ADDENDUM <Amended by Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23407, Dec. 28, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.