Installation And Utilization Of Sports Facilities Act


Published: 2012-01-17

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to improving the people's health and helping them make good use of their leisure hours by encouraging the installation and utilization of sports facilities and ensuring sound development of the sports facility business.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "sports facilities" means a facility constantly used for sports activities and a subsidiary facility;
2. The term "sports facility business" means business installing and managing a sports facility for profit-making purposes;
3. The term "sports facility business operator" means a person who registers or reports a sports facility business under Article 19 (1) and (2) or 20;
4. The term "member" means a person who agrees with a sports facility business operator (including any other person who obtains approval of a business plan under Article 12) on the member's more preferential use of relevant sports facilities on favorable terms than a general user's use of such sports facilities;
5. The term "general user" means a person who agrees with a sports facility business operator on the member's use of relevant sports facilities for a fixed period of not longer than one year in return of the member's payment of use charges.
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 Article 3 (Kinds of Sports Facilities)   print
The kinds of sports facilities shall be prescribed by Presidential Decree according to sports events and the types of facilities.
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 Article 4 (Obligations of State and Local Governments)   print
The State and a local government shall take policy steps and provide appropriate guidances and assistances in order to appropriately install and operate sports facilities used for the people's sports activities and to foster sports facility business.
CHAPTER II PUBLIC SPORTS FACILITIES
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 Article 5 (Specialized Sports Facilities)   print
(1) The State and a local government shall install and operate sports facilities, including playgrounds, gymnasiums, etc. necessary to host domestic and international sporting events and to train athletes, etc., as prescribed by Presidential Decree.
(2) Gymnasiums under paragraph (1) shall be built for the purposes of using them for sports, cultural and juvenile activities, etc.
(3) Notwithstanding the Public Property and Commodity Management Act and the provisions of other Acts, local governments may reduce all or part of fees for sports facilities use, for the purpose of promoting the use of such facilities under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 11169, Jan. 17, 2012>
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 Article 6 (Lifetime Sports Facilities)   print
(1) The State and a local government shall install and operate lifetime sports facilities which are easily accessible for residents who live in the vicinity thereof in accordance with Presidential Decree.
(2) The State and a local government that operate lifetime sports facilities under paragraph (1) shall take policy steps necessary to put in place other facilities and equipment so as to provide the disabled with easy access to such lifetime sports facilities.
(3) Notwithstanding the Public Property and Commodity Management Act and the provisions of other Acts, local governments may reduce all or part of fees for sports facilities use, for the purpose of promoting the use of such facilities under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 11169, Jan. 17, 2012>
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 Article 7 (Workplace Sports Facilities)   print
(1) The heads of workplaces shall install and operate sports facilities necessary for sports activities of the workers.
(2) The scope of workplaces under paragraph (1) and standards for installing sports facilities shall be prescribed by Presidential Decree.
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 Article 8 (Opening of and Access to Sports Facilities)   print
(1) Sports facilities under Articles 5 and 6 shall be open in order to give the residents of the nearby community easy access thereto within the scope not impeding the maintenance and management of the facilities and the holding of any sports event. <Amended by Act No. 9494, Mar. 18, 2009>
(2) Necessary matters concerning the opening of and the access to sports facilities 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 (Operation of Sports Facilities on Commission)   print
Where it is deemed necessary to facilitate professional management and use of sports facilities that the State or a local government has installed among sports facilities provided for in Articles 5 (1) and 6 and workplace sports facilities provided for in Article 7 (1), the government may commission the operation and management of such sports facilities to any individual or organization.
CHAPTER III SPORTS FACILITY BUSINESS
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 Article 10 (Classification and Types of Sports Facility Business)   print
(1) Sports facility business shall be classified as follows:
1. Sports facility business requiring registration: Gulf course business, skiing ground business and car race track business;
2. Sports facility business requiring report: Yachting pool business, rowing course business, canoe course business, ice rink business, riding track business, complex sports facility business, swimming pool business, physical gymnasium business, golf practice course business, physical training hall business, billiard parlor business, sledding hall business, dance institute business and dance hall business.
(2) The detailed types of sports facility business referred to in each subparagraph of paragraph (1) may be prescribed by Presidential Decree according to the scope by business type, the recruitment of members, the scale of facilities, the methods of operation, etc.
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 Article 11 (Facility Standards, etc.)   print
(1) Sports facility business operators shall install, maintain and manage their sports facilities in conformity with the facility standards set by Ordinance of the Ministry of Culture, Sports and Tourism according to the types of sports facility business. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where the Minister of Culture, Sports and Tourism deems it necessary to promote the sound development of sports facility business pursuant to Article 10, the Minister shall restrict the installation of any facility and the size of a site area in accordance with Presidential Decree within the scope of not impeding access to and the operation of sports facilities. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 12 (Approval of Business Plan)   print
A person who intends to operate a sports facility business requiring registration under Article 10 (1) 1 shall develop a business plan by type of sports facility business in accordance with Presidential Decree prior to installation of his/her sports facilities pursuant to Article 11, then obtain approval therefor from the Special Metropolitan City Mayor, and Metropolitan City Mayor, Do Governor or Governor of Self-Governing Province concerned (hereinafter referred to as the "Mayor/Do Governor"). The same shall apply to cases where the person intends to modify his/her business plan (excluding any modification of minor matters in the business plan, which are prescribed by Presidential Decree). <Amended by Act No. 9494, Mar. 18, 2009>
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 Article 13 (Restrictions on Approval of Business Plan)   print
(1) Where the Mayor/Do Governor deems it necessary to efficiently utilize national land, to facilitate the balanced development of regions, to prevent disasters beforehand, to conserve the natural environment, to ensure the sound development of sports facility business and to promote the public welfare, etc., the Mayor/Do Governor may restrict the approval of a business plan and the approval for the modification of the business plan under Article 12 in accordance with Presidential Decree.
(2) In cases of a person for whom six months have not elapsed from the date on which the approval of the person''s sports facilities business plan was revoked pursuant to Article 31, the Mayor/Do Governor shall be prohibited from granting such person the approval of a business plan for the same type as that of the sports facility business of which the approval was revoked in the same place: Provided, That where the approval of a business plan for a sports facility business engaged in recruiting members was revoked, but in the same place, the approval of a business plan for the sports facility business not engaged in recruiting members is granted, the foregoing shall not apply.
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 Article 14 (Concurrent Establishment of Public Golf Courses)   print
The Mayor/Do Governor may have a person who operates a golf course business for which the person recruits its members establish a public golf course as an annex to the former for which he/she does not recruit its members (hereinafter referred to as "public gulf course") in accordance with Presidential Decree: Provided, That where a person who is obliged to concurrently establish a public golf course is deemed difficult to concurrently establish the public golf course for an inevitable reason, the Mayor/Do Governor may have him/her deposit the amount equivalent to the cost of opening the public gulf course (herein after referred to as "cost of establishing a public golf course") in accordance with Presidential Decree.
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 Article 15 (Management and Use of Costs of Establishing Public Golf Courses)   print
(1) The cost of establishing a public gulf course shall be invested in a business jointly opening and managing the public golf course by depositors.
(2) Necessary matters concerning the investment in and management of the cost of establishing a public golf course and the establishment and operation of a public gulf course under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 16 (Period of Installation of Facilities for Sports Facility Business Requiring Registration)   print
(1) A person who obtains approval of a business plan for a sports facility business requiring registration under Article 12 (herein after referred to as "person who has obtained approval of a business plan") shall start and complete the work of installing sports facilities within six years from the date on which the approval of the business plan is obtained: Provided, That the foregoing shall not apply to cases where it is impossible to start and complete the work of installing sports facilities due to reasons such as natural disaster and progression of litigation which are prescribed by Presidential Decree.
(2) Necessary matters concerning the extension of an installation period under the proviso to paragraph (1) shall be prescribed by Presidential Decree.
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 Article 17 (Recruitment of Members)   print
(1) An sports facility business operator or a person who has obtained approval for a business plan may recruit members; if he/she intends to recruit members, he/she shall each develop a membership recruitment plan and submit it to a Mayor/Do Governor or the head of a Si/Gun/Gu (limited to the head of an autonomous Gu; hereinafter the same shall apply) on or before 15 days from the date on which he/she begins recruiting members.
(2) Where a person intending to recruit members under paragraph (1) submits a membership recruitment plan to concurrently recruit members of the facilities for tourist businesses prescribed by Presidential Decree, such shall be deemed the recruitment of members pursuant to this Act, notwithstanding Article 20 of the Tourism Promotion Act.
(3) Necessary matters relating to membership categories, the number of members, recruitment time, recruitment methods, recruitment procedures, development and submission of a membership recruitment plan, and so forth under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 18 (Protection of Members)   print
An sports facility business operator who has recruited members under Article 17 (1) or a person who has obtained approval of a business plan shall observe the matters prescribed by Presidential Decree for the purpose of protecting the rights and interests of members in cases of a membership transfer, refund of a membership fee, issuance and confirmation of a membership certificate, organization and function of a representative body or members, etc.
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 Article 19 (Registration of Sports Facility Business)   print
(1) When a person having obtained approval of a business plan under Article 12 completes installation of sports facilities under Article 11, the person shall register the sports facility business with a Mayor/Do Governor, as prescribed by Presidential Decree before the person commences the sports facility business. The same shall apply to cases where he/she intends to change any registered matter (excluding registered minor matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism). <Amended by Act No. 8852, Feb. 29, 2008>
(2) When a person having obtained approval of a business plan for a golf course business or a skiing ground business installs facilities the scale of which exceeds the scale prescribed by Presidential Decree among the business facilities for which approval is granted, the Mayor/Do Governor may permit the person to have the sports facility business registered on condition that the person installs the remaining facilities during the period set by Ordinance of the Ministry of Culture, Sports and Tourism, notwithstanding paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 20 (Report on Sports Facility Business)   print
A person who intends to operate a sports facility business referred to in Article 10 (1) 2 shall establish facilities under Article 11 and then report the facilities to the Governor of a Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. The same shall apply to cases where the person intends to change any reported matter. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9494, Mar. 18, 2009>
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 Article 21 (Order for Using Sports Facilities)   print
A golf course business operator who recruits members shall separate the management of a gulf course for which he/she recruits members from the management of a public golf course under Article 14 which is established as an annex to the former in terms of using methods, charges, etc.
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 Article 22 (Matters to be Abided by Sports Facility Business Operators)   print
(1) An sports facility business operator shall abide by the following matters: <Amended by Act No. 9770, Jun. 9, 2009>
1. He/she shall not cause damage to the residental environment of resi dents in an adjacent area by means of noise and vibration in excess of the levels of noise and vibration provided for in an individual Act such as the Noise and Vibration Control Act;
2. He/she shall not encourage or tacitly permit any gambling or speculative act in sports facilities and business place;
3. He/she shall abide by the terms of contract for use which are concluded with members and general users.
(2) A dance institute business operator and a dance hall business operator shall abide by the matters prescribed by Presidential Decree including the standards for and operation of facilities other than each subparagraph of paragraph (1).
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 Article 23 (Placement of Sports Instructors)   print
(1) An sports facility business operator shall place sports instructors to the sports facilities, in excess of the specified scale prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Necessary matters concerning the standards for the placement of sports instructors 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 24 (Safety and Sanitary Standards)   print
(1) An sports facility business operator shall abide by the safety and sanitary standards set by Ordinance of the Ministry of Culture, Sports and Tourism, such as the placement of safety management staff, control on the quality of water and keeping of protective gears available in order for members to make use of sports facilities safely and comfortably. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Anyone who uses the facilities of a sports facility business shall wear protective gears in conformity with the safety and sanitary standards referred to in paragraph (1).
(3) Where anyone who uses the facilities of a sports facility business fails to observe the obligation to wear protective gears referred to in paragraph (2), a sports facility business operator may refuse or suspend the former's use of the sports facilities.
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 Article 25 Deleted.<by Act No. 10559, Apr. 5, 2011>   print
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 Article 26 (Subscription of Insurance)   print
An sports facility business operator shall have his/her sports facilities insured to compensate for any damage occurred in sports facilities or in connection with the installation and operation of sports facilities, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That the foregoing shall not apply to small-scale sports facility business operators prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 27 (Succession of Sports Facility Business, etc.)   print
(1) When any sports facility business operator dies or transfers his/her business or corporate sports facility business operator is merged, the successor, the person who acquires the business, the corporation surviving the merger or the corporation incorporated by the merger shall succeed to the rights and duties upon the registration or reporting of the relevant sports facility business (including matters agreed upon between the sports facility business operator and his/her members where members are recruited under Article 17).
(2) Paragraph (1) shall apply mutatis mutandis to any person who acquires essential facilities in accordance with the facility standards for sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism according to any of the following procedures: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10219, Mar. 31, 2010>
1. Auction pursuant to the Civil Execution Act;
2. Conversion pursuant to the Debtor Rehabilitation and Bankruptcy Act;
3. Sale of seized property pursuant to the National Tax Collection Act, the Customs Act or the Framework Act on Local Taxes;
4. Other procedures corresponding to subparagraphs 1 through 3.
(3) Paragraphs (1) and (2) shall apply mutatis mutandis to the succession of approval of a business plan under Article 12.
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 Article 28 (Relationship with other Acts)   print
(1) Where approval of a business plan for a sports facility business requiring registration is obtained under Article 12, authorization, permission, cancellation, reports, etc. falling under each of the following subparagraphs shall be deemed obtained or made: <Amended by Act Nos. 8974 & 8976, Mar. 21, 2008; Act No. 9494, Mar. 18, 2009; Act No. 9770, Jun. 9, 2009; Act No. 10331, May 31, 2010>
1. Permission for diverting any farmland pursuant to Article 34 (1) of the Farmland Act;
2. Permission for diverting any mountainous district and reports on the diversion of any mountainous district pursuant to Articles 14 and 15 of the Management of Mountainous Districts Act, permission for temporary use of mountainous district and reports thereon under Article 15-2 of the same Act, and permission for or reports on cutting down trees, etc. pursuant to Article 36 (1) and (4) of the Forest Resources Creation and Management Act: Provided, That the same shall not apply to cases where any mountainous area located in a business plan area is preserved without changing its form and quality;
3. Cancellation of designation of any erosion control land pursuant to Article 20 of the Work against Land Erosion or Collapse Act;
4. Permission for diverting any grassland pursuant to Article 23 of the Grassland Act;
5. Permission for occupying any river pursuant to Article 33 of the River Act and for using river water pursuant to Article 50 of the same Act;
6. Permission for occupying and using any public waters pursuant to Article 5 of the Public Waters Management Act;
7. Permission for opening any private road pursuant to Article 4 of the Private Road Act;
8. Permission for occupying any road pursuant to Article 38 of the Road Act;
9. Permission for using or leasing any state forest pursuant to Article 21 of the State Forest Administration and Management Act;
10. Report on setting up any structure pursuant to Article 83 (1) of the Building Act;
11. Authorization for installing any tapwater system for an exclusive use of drinking and any tap-water system for an exclusive use of industrial purpose pursuant to Articles 52 and 54 of the Water Supply and Waterworks Installation Act;
12. Permission for reburying any grave pursuant to Article 27 (1) of the Act on Funeral Services, etc.;
(2) If a Mayor/Do Governor intends to grant approval of a business plan or for changing a business plan for a sports facility business requiring registration under Article 12, he/she shall consult in advance with the head of an administrative agency having jurisdiction over the matters falling under each subparagraph of paragraph (1): Provided, That the foregoing shall not apply to any minor change in the business plan under the proviso to Article 12.
(3) When the Mayor/Do Governor grants approval of a business plan for a sports facility business requiring registration, grants approval for changing such business plan, or receives a report on changes pursuant to Article 12 or when he/she revokes approval of the business plan for the sports facility business requiring registration, notify without delay the head of an administrative agency pursuant to paragraph (2), with whom he/she has consulted thereabout.
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 Article 29 (Notification, etc. of Suspension or Discontinuation of Business)   print
(1) When a sports facility business operator under Article 20 intends to suspend or discontinue his/her business for longer than three months, he/she shall notify the Governor of a Self-Governing Province or the head of a Si/Gun/Gu of the fact, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, within 30 days from the date on which he/she suspends or discontinues his/her business. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9494, Mar. 18, 2009>
(2) If a sports facility business operator fails to make notification within the fixed period pursuant to paragraph (1), the Governor of a Self-Governing Province or the head of a Si/Gun/Gu may take a disposition to suspend or discontinue his/her business in accordance with Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9494, Mar. 18, 2009>
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 Article 30 (Corrective Order)   print
If a sports facility business operator or a person having obtained approval of a business plan falls under any of the following subparagraphs, a Mayor/Do Governor or the head of a Si/Gun/Gu may order him/her to make corrections thereof providing a fixed period:
1. When he/she violates the facility standards under Article 11 (1);
2. When he/she installs facilities after changing a business plan without obtaining approval for changing the business plan under Article 12;
3. When he/she violates the matters concerning the recruitment of members under Article 17;
4. When he/she violates the matters concerning the protection of members under Article 18;
5. When he/she operates a sports facility business without separating a golf course business from a public golf course business established as an annex to the former under Article 21;
6. When he/she violates the matters that all of the sports facility business operators have to observe under Article 22;
7. When he/she violates the safe and sanitary standards under Article 24 (1);
8. When he/she fails to have his/her sports facilities insured under Article 26.
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 Article 31 (Revocation of Approval for Business Plan)   print
If a person who has obtained approval of a business plan falls under any of the following subparagraphs before he/she registers a sports facility business under Article 19 (1) or (2), the Mayor/ Do Governor may revoke approval of the business plan for the sports facility business:
1. Where he/she has obtained approval of a business plan or approval for changing the business plan under Article 12 by fraud or unlawful means;
2. Where he/she fails to start and complete the work of installing business facilities within a period under Article 16 (1);
3. Where he/she commences a business without registering the business under Article 19 (1) or (2).
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 Article 32 (Revocation, etc. of Registration)   print
(1) If the operator of a sports facility business requiring registration fails to implement the registration condition provided for in Article 19 (2) without any justifiable grounds, a Mayor/Do Governor shall revoke registration.
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu may, if a sports facility business operator falls under any of the following subparagraphs, revoke registration, order him/her to discontinue his/her business or suspend his/her sports facility business for a period of not longer than six months:
1. Where he/she fails to establish a public golf course or to fulfill the whole or part of his/her obligation to deposit the cost of establishing a public gulf course as an annex to a golf course under Article 14;
2. Where he/she registers or reports sports facility business under Article 19 (1) and (2) or Article 20 by fraud or unlawful means;
3. Where he/she fails to make registration for changes or reports on changes under the latter part of Article 19 (1) or the latter part of Article 20;
4. Where he/she operates business during a business suspension period after he/she has been subject to a disposition taken to suspend business;
5. Where he/she fails to implement a corrective order after he/she has been given the corrective order under Article 30.
(3) Detailed standards for administrative disposition under paragraph (2) shall be set by Ordinance of the Ministry of Culture, Sports and Tourism taking into account the grounds of disposition and the extent of violation, etc. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 33 (Hearings)   print
A Mayor/Do Governor or the head of a Si/Gun/Gu shall, if they intend to take a disposition falling under any of the following subparagraphs, hold a hearing thereon:
1. Revocation of approval of a business plan under Article 31;
2. Revocation of registration under Article 32 (1);
3. Orders issued to revoke registration or to discontinue a business under Article 32 (2).
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 Article 34 (Sports Facility Business Association)   print
(1) Sports facility business operators may establish an association by sports facility business type in order to ensure the sound development of sports facility business.
(2) The association shall be a juristic person.
(3) The association may have its branches or its sub-branches in accordance with its articles of association.
(4) Except as otherwise provided for in this Act, provisions concerning incorporated associations of the Civil Act shall apply mutatis mutandis to the association.
CHAPTER IV SUPPLEMENTARY PROVISIONS
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 Article 35 (Subsidies)   print
(1) The State or a local government may subsidize part of the cost of installing any of the following sports facilities within budgetary limits every fiscal year:
1. Public sports facilities installed by a local government under Articles 5 (1) and 6;
2. Various sports facilities in conformity with standards prescribed by Presidential Decree in order to protect and facilitate sports facility business.
(2) The State or a local government may subsidize expenses incurred in managing and repairing school and workplace sports facilities that are open and made accessible to community residents.
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 Article 36 (Reports on Matters, etc. Necessary to Develop Policy Steps)   print
A Mayor/Do Governor or the head of a Si/Gun/Gu shall report matters necessary to develop policy steps concerning installation and use of sports facilities and to enforce this Act to the Minister of Culture, Sports and Tourism in accordance with Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 37 (Fees)   print
A person falling under any of the following subparagraphs shall pay fees prescribed by ordinance of any Special Metropolitan City, Metropolitan City, Do, Special Self-Governing Province, or Si/Gun/autonomous Gu:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 10559, Apr. 5, 2011>
1. A person who files an application for approval of a business plan for a sports facility business or an application for approval for changing the business plan under Article 12;
2. A person who files an application for registering a sports facility business or an application for changing the registration of a sports facility business pursuant to Article 19;
3. A person who files a report on a sports facility business or files a report on changes under Article 20.
CHAPTER V PENAL PROVISIONS
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 Article 38 (Penal Provisions)   print
(1) A person who falls under any of the following subparagaphs shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding ten million won:
1. A person who installs the facilities of a sports facility business requiring registration without obtaining approval of a business plan under Article 12;
2. A person who operates a sports facility business without having the sports facility business registered (excluding registration for changes) under Article 19 (1) or (2).
(2) A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding three million won: <Amended by Act No. 8852, Feb. 29, 2008>
1. A person who operates a sports facility business (excluding the small-scale sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism) without making report thereon (excluding report on changes) pursuant to Article 20;
2. A person who violates the safety and sanitary standards referred to in Article 24 (1);
3. A person who continues to operate a sports facility business after the person has been ordered to discontinue or suspend the sports facility business (excluding the small-scale sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism referred to in subparagraph 1) under Article 32 (2).
(3) An imprisonment with prison labor and a fine under paragraphs (1) and (2) may be concurrently imposed.
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 Article 39 (Joint Penal Provisions)   print
When a representative of a corporation or an agent, employee, or servant of a corporation or individual commits a violation under Article 38 in connection with the business of the corporation or individual, the corporation or individual shall be punished by a fine under the relevant provisions in addition to the punishment of such violator: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.
[This Article Wholly Amended by Act No. 9494, Mar. 18, 2009]
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 Article 40 (Fines for Negligence)   print
(1) A person falling 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 operates a business without filing for registration of changes under Article 19 (1);
2. Deleted; <by Act No. 10559, Apr. 5, 2011>
3. A person who fails to place a sports instructor under Article 23 or places a person who does not have the qualification of a sports instructor;
4. A person who fails to have a sports facilities insured under Article 26;
5. A person who operates the small-scale sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism under Article 38 (2) 1 without filing a report under Article 20;
6. A person who operates the small-scale sports facility business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism under Article 38 (2) 1 after having been ordered to discontinue or suspend his/her business under Article 32 (2).
(2) A fine for negligence under paragraph (1) shall be imposed and collected by a Mayor/Do Governor and the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(3) through (5) Deleted. <by Act No. 9494, Mar. 18, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Period for Installation of Facilities for Sports Facility Business Requiring Registration)
A period for installation of facilities provided for in Article 16 (2) of the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7913) shall be reckoned from the date on which the approval of a business plan for a sports facility business requiring registration is first obtained pursuant to the amended provisions of Article 12 of the same Act after September 25, 2006 on which the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7913) enters into force.
Article 3 (Transitional Measures concerning Public Golf Course Established as Annex to Golf Course and Application Deadline)
(1) Any person who obtains approval for his/her business plan for a golf course business on condition that he/she establish a public golf course as an annex to the golf course or deposit the cost of establishing the public golf course at the time the amended Installation and Utilization of Sports Facilities Act (Act No. 4719) enters into force shall open the public golf course as an annex to the golf course on his/her own and deposit the cost of establishing the public golf course according to the approval condition and when the person completes establishment of the public golf course as an annex to the golf course and the deposit of the cost of establishing the public golf course, the public golf course shall be deemed established and the cost of establishing the public golf course shall be deemed deposited pursuant to the amended provisions of Article 14 (referring to the amended Installation and Utilization of Sports Facilities Act (Act No. 4719); hereafter the same shall apply in this Article).
(2) Article 14 shall be applied on or before the date on which five years have lapsed from the date on which the amended Installation and Utilization of Sports Facilities Act (Act No. 4719) enters into force: Provided, That any person who is obliged to establish a public golf course as an annex to his/her golf course or to deposit the cost of establishing the public golf course shall fulfill his/her obligation even after the same deadline and when he/she fails to fulfill his/her obligation, an administrative disposition may be taken against him/her pursuant to the amended provisions of Article 32 (2) 1.
Article 4 (Transitional Measures concerning Recruitment of Members)
(1) When any golf course business operator or any complex sports facility business operator (including any person who obtains the approval for the business plan) obtains approval for recruiting his/her members from a Mayor/Do Governor pursuant to the previous provisions at the time the amended Installation and Utilization of Sports Facilities Act (Act No. 4719) enters into force, he/she shall be deemed that he/ she develops and submits a plan for recruiting members pursuant to the amended provisions of Article 19 of the amended Installation and Utilization of Sports Facilities Act (Act No. 4719).
(2) Matters concerning recruitment of members for a person who has obtained approval for a member recruitment plan for yachting pool business, rowing course business, canoe course business, ice rink business, riding track business or complex sports facility business pursuant to previous provisions at the time the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7629) shall be governed by the previous provisions, notwithstanding the amended provisions of Article 10 of the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7629).
(3) A person who recruits members pursuant to the previous provisions at the time the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7913) shall be deemed that he/she recruits members pursuant to the amended provisions of subparagraph 4 of Article 2 of the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7913).
Article 5 (Transitional Measures concerning Disposition, etc.)
(1) Approvals that are granted by the Minister of Culture and Tourism, Mayors/Do Governors or other administrative agencies, acts performed by other administrative agencies, or various registrations made, and other acts performed by any administrative agencies pursuant to the previous provisions at the time of the amended Installation and Utilization of Sports Facilities Act (Act No. 4719) enters into force shall deemed acts performed by or toward administrative agencies pursuant to the amended Installation and Utilization of Sports Facilities Act (Act No. 4719).
(2) Approvals granted by Mayors/Do Governors and other administrative agencies, acts performed by other administrative agencies, or various registrations made, and acts performed toward administrative agencies pursuant to the previous provisions at the time the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7629) shall be deemed the acts performed by or toward administrative agencies pursuant to the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7629).
(3) Approvals or dispositions granted or taken by a Mayor/ Do Governor or the head of a Si/Gun/Gu, acts performed by other administrative agencies and registrations, reports and other acts performed toward other administrative agencies pursuant to the previous provisions at the time the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7913) shall be deemed acts performed by or toward administrative agencies pursuant to the amended Installation and Utilization of Sports Facilities Act (Act No. 7913).
(4) Acts performed by or toward administrative agencies pursuant to the previous provisions at the time this Act enters into force shall be deemed acts performed by or toward administrative agencies pursuant to this Act.
Article 6 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
(1) When applying provisions pertaining to penalties and fines for negligence to acts committed before the partially amended Installation and Utilization of Sports Facilities Act (Act No. 7913) enters into force, the former provisions shall apply.
(2) When applying provisions pertaining to penalties and fines for negligence to acts committed before this Act enters into force, the former provisions shall apply.
Article 7 Omitted.
Article 8 (Relationship with other Acts)
A citation to the former Installation and Utilization of Sports Facilities Act or any provisions thereof by other Acts or subordinate statutes at the time this Act enters into force shall be construed as a citation to this Act or the corresponding provision of this Act in lieu of the former provisions if provisions corresponding thereto exist 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.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1(Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8976, Mar. 21, 2008>
Article 1(Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM<Act No. 9494, Mar. 18, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 9770, Jun. 9, 2009>
Article 1(Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 10219, Mar. 31, 2010>
Article 1(Enforcement Date)
This Act shall enter into force on January 1, 2011. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Act No. 10331, May 31, 2010>
Article 1(Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Act No. 10559, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Fines for Negligence)
In applying fines for negligence to any acts done before this Act enters into force, the previous provisions shall prevail.
ADDENDUM<Act No. 11169, Jan. 17, 2012>
This Act shall enter into force six months after the date of its promulgation.