Article 18-9(Accusation and demand for disciplinary action) #
(1) The Korea Sports Ethics Center may file a report with the relevant investigative agency if there is reasonable grounds to believe that a crime has been committed in relation to the contents of a report, consultation, or investigation. <Amended on Aug. 18, 2020.>
(2) The Minister of Culture, Sports and Tourism may issue a request for disciplinary action, recommendation, corrective order, etc. (hereinafter referred to as "request for measures") to a person responsible for a sports organization against any illegal or unjust fact discovered as a result of sports corruption and human rights violations in the sports community or any illegal or unjust fact discovered as a result of a report or inspection under Article 44(1). In such cases, upon receipt of a request for measures, the sports organization shall comply with such request unless there is good cause, and shall report the results thereof and evidential materials, such as minutes, to the Minister of Culture, Sports and Tourism within 90 days from the date of receipt of such request. <Amended on Aug. 18, 2020; Feb. 6, 2024; Jan. 31, 2025>
(3) The Minister of Culture, Sports and Tourism may, when necessary, request supplementation (hereafter referred to as "supplementation request") or require further action (hereinafter referred to as "further action request") based on the processing results reported under paragraph (2). In such cases, the sports organization receiving the request shall comply unless there is a compelling reason not to, and shall report the results, meeting minutes, and other supporting documents to the Minister of Culture, Sports and Tourism within 90 days from the date of the request; provided, a further action request related to disciplinary results (hereinafter referred to as "redisciplinary request") shall be limited to cases where the result is considered significantly light or where a serious procedural flaw is found, as prescribed by Presidential Decree. <Added on Jan. 31, 2025>
(4) The Korea Sports Ethics Center may, if necessary, request the Minister of Culture, Sports and Tourism to take action, request supplementation or further action, or request the cancellation of the qualification of sports instructors under Article 12(1), in relation to the investigation; provided, that for matters previously consulted with the Minister of Culture, Sports and Tourism, the Korea Sports Ethics Center may directly make a disciplinary request under paragraph (2) or a supplementation or redisciplinary request regarding the disciplinary results under paragraph (3) to the sports organization. In such cases, the latter part and proviso of paragraph (2), the latter part and proviso of paragraph (3), and paragraph (6) shall apply mutatis mutandis, and the "Minister of Culture, Sports and Tourism" shall be construed as the "Korea Sports Ethics Center." <Amended on Jan. 31, 2025>
(5) When the Minister of Culture, Sports and Tourism requests disciplinary action or re-disciplinary action under paragraph (2) or the Korea Sport Ethics Center requests disciplinary action, etc. under the main clause of paragraph (4) (including where a request for disciplinary action, etc. is made directly pursuant to the proviso of the same paragraph), he or she may provide the following relevant materials to a sports organization having disciplinary authority within the necessary extent to prove the grounds for such disciplinary action, etc.: <Added on Jan. 31, 2025>
1. Documents and other relevant evidence that can prove the details of the disciplinary allegations;
2. Interrogation records and confirmation statements, etc., regarding the allegations of the accused and related individuals.
(6) Disciplinary actions under paragraph (2) shall be classified as follows, and where the Minister of Culture, Sports and Tourism makes a request for disciplinary action pursuant to paragraph (2), he or she may request it by classifying it into a severe disciplinary action or a minor disciplinary action: <Added on Jan. 31, 2025>
1. Severe disciplinary action: Expulsion, dismissal, removal, demotion, suspension, or suspension of qualifications or participation (limited to a period of 10 years or less);
2. Minor disciplinary action: Salary reduction, reprimand.
(7) The Sports Ethics Center shall notify the parties or their legal representatives (including the spouse, direct descendants, or siblings of the victim in case of death, hereinafter the same shall apply) of the intent and reasons for the decision within 7 days from the date of deciding whether to request measures, such as the action request under the main clause of paragraph (4) of Article 18-4, or not to request such measures (including cases where a disciplinary request is made directly as per the proviso of that paragraph). <Added on Jan. 31, 2025.>
(8) Any person (excluding the reported person and his or her legal representative), in receipt of notification under paragraph (7), may file an objection with the Korea Sport Ethics Center within 30 days from the date of receipt of such notification. <Added on Jan. 31, 2025>
(9) Upon receipt of an objection under paragraph (8), the Korea Sport Ethics Center shall notify the parties concerned or their legal representatives of the results of the objection within 90 days from the date of receipt of the objection after deliberation by the Objection Deliberation Committee, as prescribed by Presidential Decree; provided, where it is impossible to notify them within 90 days due to any unavoidable cause, the Korea Sport Ethics Center may extend the period once by up to 30 days in reckoning from the day following the expiration date, and shall notify the parties concerned or their legal representatives of the grounds for such extension. <Added on Jan. 31, 2025>
(10) An Objection received after the expiration of the period prescribed in paragraph (8) shall be dismissed; provided, this shall not apply where the applicant, the victim, or his or her legal representative explains the grounds therefor because important evidence has been newly discovered. <Added on Jan. 31, 2025>
(11) Where a sports organization fails to comply with a request for measures, etc. (including where the Sport Ethics Center directly makes a request for disciplinary action, etc. pursuant to the proviso of paragraph (4)) within an expiration date in violation of paragraph (2) or (3) without good cause, the Minister of Culture, Sports and Tourism may restrict financial support for the relevant sports organization within the scope of 2 years, and may notify the heads of relevant central administrative agencies, the heads of local governments, and sports organizations of restrictions on financial support. <Added on Jan. 31, 2025>
(12) Where the Minister of Culture, Sports and Tourism has notified the head of a relevant central administrative agency, the head of a local government, or a sports organization to restrict financial support pursuant to paragraph (11), the head of the relevant central administrative agency, the head of the relevant local government, or the relevant sports organization may restrict financial support within the scope of 2 years. <Added on Jan. 31, 2025>
(13) Methods and standards for action requests, supplementation requests, and further action requests, methods and procedures for providing materials under paragraph (5), standards for disciplinary requests under paragraph (6), and necessary matters regarding the duration and extent of financial support restrictions under paragraphs (11) and (12) shall be prescribed by Presidential Decree. <Added on Jan. 31, 2025>
[This Article Added on Feb. 4, 2020]
[Title Amended on Jan. 31, 2025]
[Moved from Article 18-4 <Aug. 18, 2020>]