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Act On Safety Management Of Shooting And Shooting Ranges


Published: 2013-03-23

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 Article 1 (Purpose)   print
The purpose of this Act is to prevent any danger and disaster resulting from or relating to shootings and shooting ranges so as to ensure public safety.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 4990, Dec. 6, 1995>
1. The term "shooting" means all activities of firing a loaded bullet or shooting an arrow by using firearms or crossbows;
2. The term "shooting range" means a specific place equipped with facilities necessary for shootings;
3. The term "establisher of a shooting range" means a person who has obtained permission to establish a shooting range pursuant to Article 6 (1).
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 3 (Exclusion from Application)   print
This Act shall not apply to shooting ranges that are established by any police department, military, or other State agencies (referring to State agencies, their members of which may carry weapons in accordance with statutes) and to shootings by a member of such police department, military, or State agencies for purposes of public duties.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 4 (Prohibition of Shooting)   print
Shooting shall be prohibited in any place other than a shooting range: Provided, That the foregoing shall not apply to any case permitted in other statutes.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 5 (Types of Shooting Ranges, etc.)   print
(1) A shooting range shall be classified as either an outdoor shooting range or indoor shooting range, and the types, structures, locations, equipment, and criteria of shooting ranges shall be prescribed by Presidential Decree.
(2) The establisher of a shooting range shall install closed-circuit television at the main points of the shooting range as prescribed by Presidential Decree in order to prevent an accident.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 6 (Permission to Establish Shooting Ranges)   print
(1) A person who intends to establish a shooting range shall obtain permission from the chief of a police station or the commissioner of a district police agency in accordance with the following classifications. The foregoing shall apply where a person intends to alter the location of a shooting range, and its main structural equipment prescribed by Presidential Decree.
1. In cases of shooting ranges for air guns (including guns using a gas; hereinafter the same shall apply) or crossbows: The chief of a police station;
2. In cases of shooting ranges other than those provided for in subparagraph 1: The commissioner of a district police agency.
(2) Necessary matters for permission to establish a shooting range under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 6-2 (Report on Suspension or Closure of Business)   print
(1) The establisher of a shooting range may suspend the business of the shooting range for up to one year: Provided, That he/she may extend such period if there is good cause.
(2) If the establisher of a shooting range intends to close the business of the shooting range or to suspend it for a period of not less than 15 days but up to one year, he/she shall report to the authorizing office which grants permission to establish the shooting range (hereinafter referred to as “authorizing office”) under Article 6 (1) as prescribed by Ordinance of the Ministry of Security and Public Administration. The foregoing shall also apply to the case of extension of such period. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 7 (Disqualification)   print
None of the following persons shall obtain permission to establish a shooting range under Article 6 (1) (hereinafter referred to as “permission to establish a shooting range”):
1. A person who is declared incompetent or quasi-incompetent or a minor;
2. A person declared bankrupt who has not yet been reinstated;
3. A person who is addicted to narcotic drugs, hemp, or other psychotropic substances, except where a psychiatrist deems such person to be appropriate as the establisher of a shooting range;
4. A person in whose case two years have not elapsed since his/her imprisonment without labor or greater punishment sentenced by a court was completely executed or adjudged not to be subject to the execution;
5. A person subjected to a suspended sentence of imprisonment without labor or greater punishment sentenced by a court;
6. A person in whose case one year has not elapsed since a fine or greater punishment sentenced by a court was completely executed or adjudged not to be subject to the execution, in violation of this Act or the Control of Firearms, Knives, Swords, Explosives, etc. Act;
7. A person in whose case three years have not elapsed since his/her permission to establish a shooting range is revoked pursuant to Article 18 (1);
8. A corporation or organization which has any executive officer corresponding to a person specified in subparagraphs 1 through 6.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 8 (Restrictions on Establishment of Shooting Ranges)   print
No outdoor shooting range shall be established within 200 meters from any of the following facilities or places: Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree where the places are installed with equipment or topographical materials necessary to prevent any danger and disaster:
Governmental and public offices;
Schools;
Hospitals;
Parks;
Temples or churches;
Houses;
Other facilities and places prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 9 (Storage Facilities)   print
(1) The establisher of a shooting range (excluding the establisher of a crossbow shooting range) shall establish a firearms hangar and seperate live bullet storage, and shall store firearms and live bullets separately.
(2) The establisher of a crossbow shooting range shall establish a crossbow hangar (including arrows; hereinafter the same shall apply) within the shooting range.
(3) The facility criteria for a firearms hangar, the storage of live bullets, and a crossbow hangar, and the quantity of live bullets stored as prescribed in paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 10 (Completion Inspections, etc.)   print
(1) The establisher of a shooting range shall undergo an inspection conducted by the authorizing office as determined by Ordinance of the Ministry of Security and Public Administration, in regard to the facilities or equipment of the shooting range, within one year from the date of receipt of permission to establish the shooting range or to alter the main structural equipment of the shooting range, and shall neither commence business nor use the relevant facilities or equipment before he/she passes the relevant inspection: Provided, That he/she may extend such period for up to one year in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The establisher of a shooting range shall commence business within six months after he/she passes an completion inspection referred to in paragraph (1): Provided, That he/she may extend such period for up to six months in extenuating circumstances.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 10-2 (Obligations of Establishers of Shooting Ranges to Inspect Safety)   print
The establisher of a shooting range shall conduct one or more safety inspections every month as prescribed by Presidential Decree to ensure that residual explosives, etc. are not left in the shooting range after shooting.
[This Article Newly Inserted by Act No. 11033, Aug. 4, 2011]
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 Article 11 (Appointment, etc. of Managers)   print
(1) The establisher of a shooting range shall engage a manager for each shooting range.
(2) If the establisher of a shooting range appoints a manager pursuant to paragraph (1), he/she shall report the appointment to the authorizing office as prescribed by Presidential Decree. The foregoing shall apply also where he/she dismisses the manger.
(3) The qualification criteria and duties of a manager shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 12 (Rental of Firearms, etc.)   print
(1) If a person who intends to shoot asks the establisher of a shooting range to rent a firearm or a crossbow, the establisher of the shooting range may rent the firearm and live bullets or the crossbow which he/she has obtained and kept with a possession licence for shooting pursuant to Article 12 (1) of the Control of Firearms, Knives, Swords, Explosives, etc. Act, to be used for shootings on the shooting range. In such cases, the establisher of the shooting range shall retrieve the rental firearm and remaining live bullets (including empty cartridge cases) or crossbow immediately after the shooting is completed.
(2) Where the establisher of a shooting range rents or retrieves firearms (including live bullets; hereinafter the same shall apply) or crossbows under paragraph (1), he/she shall record in the rental register for firearms, etc. as prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 11690. Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 13 (Restrictions on Shooting)   print
The establisher of a shooting range shall prohibit a person corresponding to any of the following persons from shooting:
1. Persons below the age of 14 years: Provided, That the persons specified as follows shall be excluded herefrom, if they shoot with firearms or crossbows for shooting matches:
(a) Registered players in sports associations which are related to shooting and crossbows and affiliated with the Korean Olympic Committee prescribed in Article 33 of the National Sports Promotion Act;
(b) Shooting or crossbow team members of elementary and middle schools prescribed in Article 2 of the Elementary and Secondary Education Act;
2. Persons who are mentally incapacitated;
2-2. Persons who meet the criteria prescribed by Presidential Decree, who are incapable of forming sound judgment with intellectual disability, mental disability, or severe disability as referred to in Article 2 (2) of the Act on Welfare of Persons with Disabilities;
3. Drinkers;
4. Other persons who are likely to cause any danger or disaster.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 14 (Report of Accidents)   print
The establisher of a shooting range shall report to the chief of the competent police station in any of the following cases:
1. Where a person dies or is injured or any other accident occurs by reason of shooting;
2. Where firearms or crossbows kept in storage are stolen or missing.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 15 (Supervision)   print
(1) If deemed necessary, the authorizing office may allow public officials under its control to inspect the facilities, books, documents, and other articles of a shooting range or to ask related persons necessary questions.
(2) Where an inspection is conducted pursuant to paragraph (1), the establisher of a shooting range shall, at least seven days before the inspection, be notified of a plan for the inspection, including the date, purpose, and details of the inspection: Provided, That the foregoing shall not apply in urgent cases or it is deemed that notification of the plan for the inspection may result in the failure of the achievement of the inspection.
(3) Public officials who conduct an inspection and ask questions pursuant to paragraph (1) shall carry a certificate showing his/her authority and present it to related persons.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 16 (Periodic Inspection)   print
(1) The authorizing office shall inspect shooting ranges periodically, at least once a year, in order to prevent any danger and disaster.
(2) The details and method of periodic inspections referred to in paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 17 (Corrective Orders)   print
When deemed necessary to prevent any danger and disaster, the authorizing office may order the establisher of a shooting range to supplement or alter the shooting range facilities as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 18 (Revocation, etc. of Permission to Establish Shooting Ranges)   print
(1) The authorizing office may revoke permission to establish a shooting range, if the establisher of the shooting range falls under any of the following cases: Provided, that it shall revoke permission to establish the shooting range in the case of subparagraph 3 or 6:
1. Where he/she alters the location of the shooting range or its main structural equipment without permission, in violation of the latter part of Article 6 (1);
2. Where he/she suspends his/her business for more than one consecutive year without good cause, in violation of Article 6-2;
3. Where he/she falls under any person specified in subparagraphs of Article 7;
4. Where he/she fails to undergo an inspection by an authorizing office in regard to the facilities or equipment of the shooting range within a given period, in violation of Article 10 (1);
5. Where he/she fails to commence business within a given period referred to in Article 10 (2), after passing an inspection referred to in Article 10 (1);
6. Where he/she engages in business of the shooting range during the period of suspension from operating the shooting range referred to in paragraph (2);
7. Where he/she has been subject to three or more dispositions of suspension from operating the shooting range referred to in paragraph 2, for the most recent three years;
8. Where he/she violates a corrective order issued by the authorizing office prescribed in Article 17.
(2) The authorizing office may suspend the business of a shooting range for up to six months, if the establisher of the shooting range falls under any of the following cases:
1. Where the structure, location or equipment of the shooting range fails to meet the criteria referred to in Article 5 (1), or the firearms hangar, the live bullet storage, or the crossbow hangar fail to meet the criteria referred to in Article 5 (3);
2. Where he/she fails to install closed circuit television, in violation of Article 5 (2);
3. Where he/she fails to establish the firearms hangar and the live bullet storage separately or to store firearms and live bullets separately, in violation of Article 9 (1);
4. Where he/she fails to establish a crossbow hangar, in violation of Article 9 (2);
5. Where he/she stores live bullets exceeding the quantity of a live bullet storage, in violation of Article 9 (3);
6. Where he/she fails to undergo a safety inspection, in violation of Article 10-2;
7. Where he/she fails to engage a manager of the shooting range, in violation of Article 11 (1);
8. Where he/she fails to retrieve rented firearms or crossbows immediately after shooting is completed in violation of the latter part of Article 12 (1) or fails to record in the rental register for firearms, etc., in violation of Article 12 (2);
9. Where he/she allows a person restricted from shooting to shoot, in violation of Article 13;
10. Where he/she fails to report or falsely reports an accident caused by shooting or the stealing or missing of firearms or crossbows kept in storage, in violation of Article 14;
11. Where he/she refuses, interferes with, or evades an inspection or question referred to in Article 15 (1);
12. Where he/she refuses, interferes with, or evades a periodic inspection referred to in Article 16 (1);
13. Where he/she violates an order to restrict the use of the shooting range and to stop shooting, as referred to in Article 19.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 18-2 (Hearings)   print
If the authorizing office intends to revoke permission to establish a shooting range under Article 18 (1), it shall hold a hearing.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 19 (Restrictions on Use of Shooting Ranges)   print
If it is deemed necessary to prevent any danger and disaster, and to maintain public safety, the authorizing office may order the establisher of a shooting range to restrict the use of the shooting range or stop shooting.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 20 (Fees)   print
A person who intends to obtain permission to establish a shooting range or to have a permit reissued shall pay fees prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 21 Deleted. <by Act No. 6391, Jan. 26, 2001>   print
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 Article 22 (Penalty Provisions)   print
Any of the following persons shall be punished by imprisonment for not exceeding one year or by a fine not exceeding three million won:
1. A person who shoots at a place other than a shooting range, in violation of Article 4;
2. A person who establishes a shooting range without permission to establish it, in violation of the former part of Article 6 (1);
3. A person who alters the location of a shooting range and its structural equipment without permission, in violation of the latter part of Article 6 (1).
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 23 (Penalty Provisions)   print
Any of the following persons shall be punished by a fine not exceeding two million won:
1. A person who fails to store firearms and live bullets separately, in violation of Article 9 (1);
2. A person who commences business or uses facilities or equipment before passing an inspection, in violation of Article 10 (1);
3. A person who fails to engage a manager of the relevant shooting range, in violation of Article 11 (1);
4. A person who allows another person restricted from shooting to shoot, in violation of Article 13.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 23-2 (Penalty Provisions)   print
Any of the following persons shall be punished by a fine not exceeding one million won:
1. A person who fails to retrieve rental firearms or crossbows immediately after shooting has ended, in violation of the latter part of Article 12 (1);
2. A person who violates an order to restrict the use of his/her shooting range and stop shooting, issued under Article 19.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 24 (Administrative Fines)   print
(1) Any of the following persons shall be punished by an administrative fine not exceeding one million won:
1. The establisher of a shooting range who fails to conduct a safety inspection referred to in Article 10-2;
2. A person who refuses, interferes with, or evades an inspection and questions referred to in Article 15 (1);
3. A person who refuses, interferes with, or evades periodic inspection referred to in Article 16 (1).
(2) Any of the following persons shall be punished by an administrative fine not exceeding five hundred thousand won:
1. A person who fails to report or falsely reports any of the following:
(a) Closure or suspension of the business of a shooting range as prescribed in Article 6-2 (2);
(b) Appointment or dismissal of a manager of a shooting range as prescribed in Article 11 (2);
(c) Accidents caused by shooting or the losing or stealing of firearms or crossbows kept in storage as prescribed in Article 14.
2. A person who fails to record in the rental register for firearms, etc. as to whether each firearm and crossbow is rented or retrieved, in violation of Article 12 (2).
(3) Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the commissioner of a district police agency or the chief of a police station, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11033, Aug. 4, 2011]
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 Article 25 (Joint Penalty Provisions)   print
If a representative of a corporation, or an agent, employee or other servant of a corporation or individual commits any offence stipulated under Articles 22, 23 and 23-2 in connection with the affairs of such corporation or individual, the corporation or individual shall, in addition to the punishment of such offender, be punished by a fine prescribed in the relevant Article: Provided, That the forgoing shall not apply where such corporation or individual has not neglected in giving due attention and supervision relating to the relevant affairs in order to prevent such offence.
[This Article Wholly Act No. 9196, Dec. 26, 2008]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force 30 days after the date of its promulgation.
(2) (Transitional Measures) Any person who obtained permission to establish a shooting range pursuant to the former provision as at the time this Act enters into force shall be considered to obtain permission to establish a shooting range pursuant to this Act: Provided, That any matter which fails to meet the criteria stipulated under Articles 5 and 9 (2) shall be supplemented within 6 months from the date this Act enters into force.
(3) (Transitional Measures) The manager of a shooting range stipulated in Article 11 (1) shall be appointed within 6 months from the date this Act enters into force.
ADDENDA <Act No. 4369, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force sixty days after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4990, Dec. 6, 1995>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Application of Penalty Provisions) The application of the penalty provisions to acts committed before this Act enters into force shall be pursuant to the former provisions.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 5939, Mar. 31, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Penalty Provisions) The application of the penalty provisions to acts committed before this Act enters into force shall be pursuant to the former provisions.
ADDENDA <Act No. 6391, Jan. 26, 2001>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Report on Suspension or Closure of Business) With respect to a person who suspends or closes the business of his/her shooting range before this Act enters into force, the former provisions shall prevail, notwithstanding the amended provisions of Article 6-2.
(3) (Transitional Measures concerning Completion Inspections) With respect to a person who obtains permission to establish a shooting range before this Act enters into force, the former provisions shall prevail, notwithstanding the amended provisions of Article 10.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8344, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 9196, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11033, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 9 (3) and Article 18 (2) 5 shall enter into force one year after the date of the promulgation.
Article 2 (Transitional Measures concerning Administrative Dispositions)
The application of administrative dispositions imposed for acts committed before this Act enters into force shall be pursuant to the former provisions.
Article 3 (Transitional Measures concerning Permission to Establish Shooting Ranges)
(1) Where any person, other than persons excluded from the application of this Act pursuant to the amended provisions of Article 3, has established or is establishing a shooting range at a school prescribed in Article 2 of the Elementary and Secondary Education Act or in Article 2 of the Higher Education Act or at a veterans hospital prescribed in Article 7 of the Korea Veterans Welfare and Healthcare Corporation Act, or where an applicant for special guard prescribed in Article 3 of the Registered Security Guard Act has established or is establishing a shooting range, without permission to establish the shooting range as at the time this Act enters into force, such person or applicant shall obtain permission to establish the shooting range within three months from the date this Act enters into force.
(2) If a person who obtains permission to establish a shooting range pursuant to paragraph (1) fails to pass a completion inspection in a period prescribed by the amended provisions of Article 10 after obtaining permission to establish the shooting range, he/she shall not commence business nor use the facilities or equipment of the shooting range.
(3) The amended provisions of subparagraph 2 of Article 23 shall apply to a person who commences business or uses the facilities or equipment of his/her shooting range without passing a completion inspection, in violation of paragraph (2).
Article 4 (Transitional Measures concerning Establishers of Shooting Ranges during Period of Suspension of Business)
The establisher of a shooting range, who is under suspension of business as at the time this Act enters into force, shall install closed-circuit television prescribed in the amended provisions of Article 5 (2) within three months from the date he/she resumes the operation of the shooting range.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enters into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.