ENFORCEMENT DECREE OF THE INSTALLATION AND UTILIZATION OF SPORTS FACILITIES ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe the matters mandated by the Installation and Utilization of Sports Facilities Act and those necessary for the enforcement of such matters.

Article 2(Kinds of sports facilities) #

The kinds of sports facilities referred to in Article 3 of the Installation and Utilization of Sports Facilities Act (hereinafter referred to as the "Act") are as specified in Appendix 1.

Article 2-2(Master plan for safety management of sports facilities) #

"Matters prescribed by Presidential Decree" in Article 4-2 (2) 5 of the Act means the following:

1. Fosterage and support of organizations specialized in the safety management of sports facilities;

2. Research and development of technology needed for the safety management of sports facilities;

3. Development of a standard manual for the safety management of sports facilities;

4. Other matters deemed necessary by the Minister of Culture, Sports and Tourism for the safety management of sports facilities.

[This Article Added on Aug. 3, 2015]

Article 2-3(Safety inspection of sports facilities) #

(1) The Minister of Culture, Sports and Tourism shall semiannually conduct a safety inspection related to safety management of sports facilities under Article 4-3 of the Act (hereinafter referred to as "safety inspection of sports facilities"). <Amended on Jun. 8, 2021>

(2) The checklists of and evaluation criteria for safety inspections of sports facilities shall be as specified in Appendix 1-2. <Added on Jun. 8, 2021>

(3) The Minister of Culture, Sports and Tourism shall formulate and publicly notify safety management guidelines that indicate operating procedures and methods for the safety management of sports facilities, including the following matters. In such cases, the Minister of Culture, Sports and Tourism may request that the heads of relevant administrative agencies submit data necessary to formulate the safety management guidelines: <Amended on Jun. 8, 2021>

1. Compilation and review of construction-related data required for a safety inspection, such as drawings and specifications;

2. Composition of and qualification requirements for safety inspectors;

3. Establishment and execution of a safety inspection plan;

4. Equipment for a safety inspection;

5. Methodologies for checking each item on the safety inspection list;

6. Preparation of a report on the findings of a safety inspection.

[This Article Added on Aug. 3, 2015]

Article 2-4(Affairs subject to delegation or entrustment) #

"Matter prescribed by Presidential Decree" in Article 4-4 (1) 4 of the Act means the following: <Amended on Jun. 8, 2021>

1. Management of the current record of safety accidents that occur within sports facilities;

2. Notification of the safety inspection results pursuant to Article 4-5 of the Act.

[This Article Added on Aug. 3, 2015]

Article 2-5(Delegation and entrustment of safety management inspection of sports facilities) #

(1) The Minister of Culture, Sports and Tourism shall delegate the affairs specified in subparagraphs 1, 2, and 4 of Article 4-4 (1) of the Act in relation to the following sports facilities (excluding sports facilities under paragraph (4) 2) to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), in accordance with Article 4-4 (1) of the Act: <Amended on Oct. 29, 2019; Jun. 8, 2021>

1. Specialized sports facilities and lifetime sports facilities installed and operated under Articles 5 and 6 of the Act (limited to the public sports facilities installed or operated by the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province (hereinafter referred to as "City/ Do"));

2. Workplace sports facilities established and operated under Article 7 of the Act (excluding workplace sports facilities on military bases);

3. Facilities held by a sports facility business requiring registration specified in Article 10 (1) 1 of the Act.

(2) The Minister of Culture, Sports and Tourism shall delegate the affairs specified in subparagraphs 1, 2, and 4 of Article 4-4 (1) of the Act in relation to the specialized sports facilities and lifetime sports facilities installed and operated under Articles 5 and 6 of the Act (excluding the public sports facilities installed or operated by the State or a City/Do and sports facilities under paragraph (4) 2) to the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), in accordance with Article 4-4 (1) of the Act. <Amended on Oct. 29, 2019; Jun. 8, 2021>

(3) The Minister of Culture, Sports and Tourism may delegate the affairs specified in subparagraphs 1, 2 and 4 of Article 4-4 (1) of the Act in relation to the facilities held by a sports facility business requiring report specified in Article 10 (1) 2 of the Act (excluding sports facilities under paragraph (4) 2) to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, in accordance with Article 4-4 (1) of the Act. <Amended on Oct. 29, 2019; Jun. 8, 2021>

(4) The Minister of Culture, Sports and Tourism shall entrust the affairs specified in subparagraph 3 of Article 4-4 (1) of the Act and the affairs specified in subparagraphs 1, 2, and 4 of Article 4-4 (1) of the Act in relation to the following sports facilities to the Seoul Olympic Sports Promotion Foundation (hereinafter referred to as the "Korea Sports Promotion Foundation") established under the National Sports Promotion Act, in accordance with Article 4-4 (1) of the Act: <Amended on Jun. 8, 2021>

Article 2-6(Publication and notification of results of safety inspection of sports facilities) #

(1) Where the Minister of Culture, Sports and Tourism has conducted a safety inspection of any sports facilities, the Minister shall publish the following matters through the comprehensive system for management of sports facilities information referred to in Article 4-6 of the Act, in accordance with Article 4-5 (1) of the Act: <Amended on Jun. 8, 2021; Aug. 27, 2024>

1. Name and location of the sports facilities;

2. Period of the safety inspection of the sport facilities and the inspector;

3. Results of the safety inspection of the sports facilities (if any serious defect specified in the subparagraphs of paragraph (3) is found, details of such defect shall be stated);

4. Measures to be taken (where the measures are taken, including the results thereof) by the owner of the sports facilities (including a person who is entrusted with the operation and management of the sports facilities; hereinafter the same shall apply) and the sports facility business entity.

(2) Where the Minister of Culture, Sports and Tourism notifies the results of a safety inspection of sports facilities to the owner of the sports facilities, the sports facility business entity, the Mayor/Do Governor, or the head of a Si/Gun/Gu under Article 4-5 (1) of the Act, such results shall include the following: <Amended on Oct. 29, 2019; Jun. 8, 2021; Aug. 27, 2024>

1. Name and location of the sports facilities;

2. Names of the owner of the sports facilities and the sports facility business entity (if such owner or business entity is a corporation, referring to the name of its representative);

3. Period of the safety inspection of the sport facilities and the inspector;

4. Results of the safety inspection of the sports facilities (if any serious defect specified in the subparagraphs of paragraph (3) is found, details of such defect shall be stated);

5. Measures to be taken by the owner of the sports facilities and the sports facility business entity;

6. Other matters necessary for the safety management of the sports facilities.

(3) Defects that may cause harm or danger to users prescribed by Presidential Decree in Article 4-5 (2) of the Act means defects classified as follows: <Amended on Aug. 27, 2024>

Article 3(Installation and operation of specialized sports facilities) #

(1) The specialized sports facilities required to be installed and operated by the State and each local government pursuant to Article 5 (1) of the Act are as follows: <Amended on Apr. 13, 2010; Aug. 3, 2015>

1. City/Do: Sports facilities capable of holding international sports events and comprehensive national sports events;

2. Si/Gun: Sports facilities capable of holding comprehensive Si/Gun sports events.

(2) The installation standards for specialized sports facilities specified in paragraph (1) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008>

Article 4(Installation and operation of lifetime sports facilities) #

(1) The lifetime sports facilities required to be installed and operated by the State and each local government pursuant to Article 6 of the Act are as follows:

1. Si/Gun/Gu: Indoor and outdoor sports facilities easily accessible to all residents;

2. Eup/Myeon/Dong: Outdoor sports facilities easily accessible to all residents.

(2) The installation standards for lifetime sports facilities specified in paragraph (1) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008>

Article 4-2(Usage fee exemption or reduction for specialized sports facilities and lifetime sports facilities) #

Where specialized sports facilities and lifetime sports facilities are used for any of the following events or activities pursuant to Articles 5 (3) and 6 (3) of the Act, a local government may reduce or exempt usage fees, as prescribed by ordinance of the relevant local government: <Amended on Aug. 2, 2016; Dec. 29, 2017; Oct. 29, 2019; Jun. 1, 2021; Nov. 16, 2023; Mar. 25, 2025>

1. An event held or managed by the State or another local government;

2. An event held by any of the following organizations (including their local branches, affiliated competition organizations, or member organizations);

(a) The Korean Sport and Olympic Committee established under Article 33 of the National Sports Promotion Act;

(b) The Korea Paralympic Committee established under Article 34 of the National Sports Promotion Act;

(c) Deleted; <Aug. 2, 2016>

3. An event held for persons of distinguished services to the State or their families or bereaved families registered under Article 6 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

4. An event held for persons aged at least 65 years, persons with a disability or disabilities, or recipients under the National Basic Living Security Act;

5. A regular class or after-school program associated with sports activities in schools defined in Article 2 of the Elementary and Secondary Education Act;

6. A self-sufficiency program associated with sports activities in out-of-school juvenile support centers established under Article 12 of the Act on the Support for Out-of-School Youth;

7. Any event or activity prescribed by ordinance of the relevant local government, as exemption or reduction of usage fees is otherwise required.

[This Article Added on Jul. 17, 2012]

Article 5(Installation and operation of workplace sports facilities) #

(1) The workplaces required to install and operate workplace sports facilities pursuant to Article 7 (1) of the Act shall be those with at least 500 regular employees; provided, those workplaces prescribed by Decree of the Ministry of Culture, Sports and Tourism are allowed to be exempt from installing and operating workplace sports facilities, in whole or in part. <Amended on Feb. 29, 2008>

(2) The installation standards for workplace sports facilities specified in paragraph (1) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008>

(3) The installation and operation of workplace sports facilities shall be guided and supervised by the relevant Mayor/Do Governor; provided, the installation and operation of workplace sports facilities on military bases shall be guided and supervised by the Minister of Defense. <Amended on Apr. 13, 2010; Aug. 3, 2015>

Article 6(Scope of each type of sports facility business) #

The scope of each type of sports facility business referred to in Article 10 (2) of the Act is as specified in Appendix 2.

Article 7(Detailed types of sports facility business) #

The detailed types of sports facility business under the subparagraphs of Article 10 (1) of the Act (excluding golf course business) shall be as follows:

1. Membership-based sports facility business: Sports facility business run on membership recruitment;

2. Public sports facility business: Sports facility business operated without recruiting members.

[This Article Wholly Amended on Nov. 3, 2022]

Article 7-2(Requirements and period for designation of public golf courses) #

(1) The Minister of Culture, Sports and Tourism may designate a non-membership-based golf course that meets the following requirements as a public golf course under Article 10-2 (2) of the Act (hereinafter referred to as "public golf course"):

1. It shall determine the amount of course fees lower than the amount determined and publicly notified each year by the Minister of Culture, Sports and Tourism, taking into account the difference between the following average amounts and taxable amounts:

(a) The average amount of course fees for non-members at a membership-based golf course for the preceding year;

(b) Difference in taxable amounts between membership-based golf courses and public golf courses;

2. It shall use the standard terms and conditions concerning the use of golf courses among the standard terms and conditions under Article 19-3 of the Act on the Regulation of Terms and Conditions.

(2) The amount referred to in paragraph (1) 1 (a) shall be calculated based on the peak season (referring to May and October) of the Seoul Metropolitan Area (referring to the Seoul Metropolitan Area defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act), and the inflation rate shall be taken into consideration each year.

(3) The period of designation of a public golf course under paragraph (1) shall be three years.

(4) The Minister of Culture, Sports and Tourism may conduct a fact-finding survey on the current status of the determination of course fees for non-members of membership-based golf courses (hereinafter referred to as "fact-finding survey") in order to calculate the amount under paragraph (1) 1 (a).

[This Article Added on November 3, 2022]

Article 7-3(Procedures for designation of public golf courses) #

(1) Any non-membership-based golf course business entity that intends to be designated as a public golf course pursuant to Article 10-2 (2) of the Act shall submit an application for designation prescribed by Decree of the Ministry of Culture, Sports and Tourism to the Minister of Culture, Sports and Tourism, along with documents prescribed by Decree of the Ministry of Culture, Sports and Tourism, such as terms and conditions of use of golf courses, etc.

(2) Upon receipt of an application for designation filed under paragraph (1), the Minister of Culture, Sports and Tourism shall determine whether to grant designation and notify the applicant of the results thereof within 30 days from the date of receipt of the application.

[This Article Added on November 3, 2022]

Article 8(Restrictions on installation of facilities) #

Details of the restrictions on installation of facilities of sports facility business under Article 11 (2) of the Act shall be as specified in Appendix 3.

[This Article Wholly Amended on Dec. 29, 2023]

Article 9(Competent authority for sports facility business requiring registration stretching over two or more cities/dos) #

(1) If the place where the facilities of sports facility business requiring registration specified in Article 10 (1) 1 of the Act are installed stretches over two or more Cities/Dos, the Mayor/Do Governor having jurisdiction over the largest part of the site area of the relevant facilities shall become the competent authority in relation to the sports facility business.

(2) In the cases specified in paragraph (1), if the Mayor/Do Governor, who is the competent authority of a sports facility business, approves or registers its business plan, he or she shall have consultation with the relevant Mayors/Do Governors in advance.

Article 10(Application for approval of business plan and other relevant matters) #

(1) A person who seeks to obtain approval of a business plan for sports facility business requiring registration under the former part of Article 12 of the Act shall file an application for approval of a business plan with the competent Mayor/Do Governor, with the documents prescribed by Decree of the Ministry of Culture, Sports and Tourism appended. <Amended on Feb. 29, 2008>

(2) If a Mayor/Do Governor approves a business plan, he or she shall notify the head of the relevant Si/Gun/Gu of such approval. In such cases, if the place of installation of the relevant sports facilities stretches over two or more Sis/Guns/Gus (the Gus refers to autonomous Gus), he or she shall notify all the heads of Sis/Guns/Gus having jurisdiction over the relevant place of such approval. <Amended on Aug. 3, 2015>

(3) Paragraphs (1) and (2) shall apply mutatis mutandis with regard to an application for any modifications to a business plan.

Article 11(Modification of minor matters) #

"Modification of minor matters ... prescribed by Presidential Decree" in the latter part of Article 12 of the Act means the following: <Amended on Feb. 29, 2008; Sep. 3, 2008>

1. If the person who has obtained approval of a business plan is a corporate, modification of the name or address of its representative (excluding succession of approval of a business plan pursuant to Article 27 (3) of the Act);

2. Modification of a trading name;

3. Modifications to a facility installed within the limits set by Decree of the Ministry of Culture, Sports and Tourism. In such cases, the size and boundary of the relevant site area, for which a business plan has been approved, shall not be subject to modifications (excluding changes in size using some units of measurement without changing its boundary);

4. Modifications to the projected number of members to recruit and membership fees;

5. Modifications to the scheduled date for commencement or completion of the facility installation works.

Article 12(Restrictions on approval of business plan) #

In any of the following cases, no Mayor/Do Governor may grant approval of a sports facility business plan or approval for any modification thereto under Article 13 (1) of the Act: <Amended on Nov. 30, 2007; Feb. 29, 2008; Jan. 16, 2018; Nov. 3, 2022>

1. Where it is intended to convert all or part of a business plan approved as a non-membership-based golf course business or registered facilities into a business plan or facilities for a membership-based golf course business;

2. In cases of golf course business, if it is inappropriate based on the site selection standards and environmental conservation guidelines publicly notified by the Minister of Culture, Sports and Tourism for protecting the natural environment, after consultations with the heads of relevant central administrative agencies; provided, no restrictions shall be placed on granting approval for modifications to a business plan in the following cases, to the extent that the relevant site area will not be expanded:

(a) If it is intended to fix or repair any facility of the golf course business without increasing the discharge of water pollutants defined in subparagraph 7 of Article 2 of the Water Environment Conservation Act;

(b) If it is intended to incorporate lower-grade sites in the ecological zoning map specified in subparagraph 14 of Article 2 of the Natural Environment Conservation Act (excluding the separately-managed zones specified in Article 34 (1) 4 of the same Act) rather than high-grade sites, or to incorporate lower-grade green areas specified in Article 23 (1) 4 of the Enforcement Decree of the same Act rather than high-grade green areas, up to 10/100 of the site area for the relevant golf course business;

3. In cases of skiing ground business, if the ratio of the areas of remaining intact to the areas of land covered by forests (referring to forests defined in subparagraph 1 of Article 2 of the Creation and Management of Forest Resources Act as at the time the relevant business plan is approved; in cases of modifications to a business plan intended for change of a project site, referring to the total of the forest areas as at the time a business plan covering the changed project site is approved and the forest areas located in the parts newly incorporated to the site) is less than 25/100.

Article 13 #

Deleted. <Dec. 29, 2020>

Article 14 #

Deleted. <Dec. 29, 2023>

Article 15 #

Deleted. <Dec. 29, 2023>

Article 16(Commencement and completion of facilities installation work for sports facility business requiring registration) #

(1) If a person who has obtained approval for a business plan for a sports facility business requiring registration referred to in Article 16 of the Act commences the installation of business facilities, the person shall submit the construction plan to the relevant Mayor/Do Governor by not later than 30 days before he or she commences the relevant work; and shall submit the project completion report to the relevant Mayor/Do Governor when he or she completes the installation (including where he or she completes the installation of facilities required for conditional registration pursuant to Article 21 (1)); provided, where the person prepares a written report on work completion and undergoes a completion inspection by the competent Mayor/Do Governor pursuant to Article 98 (1) of the National Land Planning and Utilization Act, he or she need not submit the project completion report. <Amended on Jun. 8, 2021>

(2) "Any other cause prescribed by Presidential Decree" in the proviso of Article 16 (1) of the Act means the following:

1. If a natural disaster occurs;

2. If an order to suspend work, etc. is issued from the court or an administrative agency under any applicable statute.

(3) If a person who obtains approval of a business plan for a sports facility business requiring registration is incapable of completing the installation work within the completion period set in the main clause of Article 16 (1) of the Act due to a cause listed in the subparagraphs of paragraph (2), the person shall apply for an extension of the period for installation to the relevant Mayor/Do Governor before the completion period expires, as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008>

(4) If a Mayor/Do Governor receives an application for an extension of the installation period under paragraph (3), he or she shall examine the details thereof and notify whether to approve such application within ten days. In such cases, if the Mayor/Do Governor acknowledges the validity of the cause for application and approves the extension of the installation period, such extension shall be given for no longer than the period during which the relevant installation work is suspended due to a cause listed in the subparagraphs of paragraph (2).

Article 17(Membership recruitment period) #

The period and methodologies for recruiting members pursuant to Article 17 (1) of the Act and other membership recruitment process shall be as follows: <Amended on Feb. 29, 2008>

1. Period for membership recruitment:

(a) Sports facility business requiring registration: After at least 30 percent of the facilities installation process for the relevant sports facility business is completed;

(b) Sports facility business that requires reporting: After a report is filed in accordance with Article 20 of the Act;

2. Methodologies and process for membership recruitment:

(a) Members shall be openly recruited as prescribed by Decree of the Ministry of Culture, Sports and Tourism; provided, closed membership recruitment may be allowed when vacancies caused by withdrawal from membership, etc. are filled or members are re-recruited due to a shortage of registered members after the open membership recruitment process is completed;

(b) If there are more applicants for membership than required, member selection shall be made in fair random drawings;

(c) If any eligibility restrictions are to be placed on membership, the terms and conditions shall provide for detailed criteria for such eligibility restrictions in advance;

3. Volume of membership recruitment:

In cases specified in subparagraph 1 (a), if the percentage of completion of the facilities installation process is less than 50, membership recruitment shall be made within the limits that the sum of the membership fees payable by all members to be recruited does not exceed the amount of investment in the relevant business facilities as of the date of submission of the member recruitment plan specified in Article 18 (1).

Article 18(Submission of member recruitment plan) #

(1) A person seeking to recruit members for a sports facility pursuant to Article 17 (1) of the Act shall submit a member recruitment plan with the following documents attached to a Mayor/Do Governor in the case of a sports facility business requiring registration, and to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in the case of a sports facility business that requires reporting. This shall also apply to any modification of the details of a member recruitment plan: <Amended on Apr. 13, 2010; Oct. 29, 2019>

1. A document stating the total number of members to be recruited, type of membership, and membership fee or term-based recruitment planning;

2. Terms and conditions of membership (which must indicate the timing and procedures for refunding membership fees, and conditions of use for membership);

3. A progress confirmation of facilities installation issued by a project supervisor as defined in Article 2 (1) 15 of the Building Act (which must be attached only in the case of a sports facility business that requires reporting);

4. A document ascertaining the total amount of investment (or amount of investment for each process in the case of a sports facility business that requires reporting);

5. A document specified in Article 25 (1) of the Enforcement Decree of the Tourism Promotion Act (which must be attached only where consolidated membership recruitment is made with a tourism business facility).

(2) The Mayor/Do Governor and the head of the Si/Gun/Gu shall examine the member recruitment plan and the attached documents submitted under paragraph (1) and notify the person concerned of the outcomes of examination within 10 days of submission of such documents.

(3) The person who has submitted the member recruitment plan pursuant to paragraph (1) is allowed to recruit members according to the member recruitment plan on which notification is given under paragraph (2); when the recruitment is completed, he or she shall report on the recruitment results to the Mayor/Do Governor or the head of the Si/Gun/Gu within 10 days of completion thereof. <Amended on Oct. 29, 2019>

(4) "Tourist business prescribed by Presidential Decree" in Article 17 (2) of the Act means the following: <Amended on Oct. 29, 2019>

1. Tourist accommodation business pursuant to Article 3 (1) 2 of the Tourism Promotion Act;

Article 19(Protection of members) #

"Matters prescribed by Presidential Decree" in Article 18 of the Act means the following: <Amended on Feb. 29, 2008; Sep. 29, 2021>

1. Transfer and acquisition of membership:

If any member intends to transfer his or her membership to another person, the sports facility business entity shall not restrict such transfer except when the transferee is found to be unqualified based on the eligibility restriction criteria set under subparagraph 2 (c) of Article 17; and if it receives money from the transferee of membership to cover any costs incurred in connection with the transfer and acquisition of membership, the amount shall not exceed the actual expenses incurred;

2. Refund of membership fees (referring to the sum of amounts paid by a person signing up to become a first-time member to the recruiting entity in return for obtaining membership, which excludes the amount contributed to any fund established under applicable laws by such person at the time of signing up for membership):

In regard to the withdrawal from membership, or the periods for fee refunds for membership withdrawals, and other relevant matters, the terms and conditions agreed upon by the recruiter and the member shall apply; if any of the terms and conditions that provide the rights and interests of members is amended after a member signs up for membership, the member is allowed to withdraw from membership if he or she has already been registered as a member; and if any withdrawer requests a refund of his or her membership fees, the sports facility business entity shall refund such fees without delay;

3. Refund of membership fees for members whose membership expires on a specific date (hereinafter referred to as "annual member"):

If an annual member requests a refund of his or her membership fees due to the expiration of his or her membership, the sports facility business entity shall refund such fees within 10 days of request for such refund; provided, if there exist any terms and conditions that provide for the membership fee refunds, such terms and conditions shall apply;

4. ID verification and issue of membership cards:

The sports facility business entity shall prepare a membership card within 30 days of a member’s registration and issue it to such member after identity verification. The same shall apply to those members who have acquired membership by transfer;

5. Representative body for members:

Article 20(Application for registration) #

(1) A person seeking registration of a sports facility business pursuant to Article 19 (1) of the Act shall file an application for registration of the sports facility business with the relevant Mayor/Do Governor, with the documents prescribed by Decree of the Ministry of Culture, Sports and Tourism attached. <Amended on Feb. 29, 2008>

(2) The Mayor/Do Governor shall approve an application for registration filed under paragraph (1), unless it falls into any of the following cases: <Amended on Dec. 6, 2011; Nov. 5, 2024>

1. If it falls short of the facility standards specified in Article 11 (1) of the Act;

2. If it fails to obtain approval of the business plan required under Article 12 of the Act;

3. If it falls into any of the cases listed in the subparagraphs of Article 31 (1) of the Act and the approval of the business plan is revoked;

4. If it otherwise violates restrictions placed under the Act, this Decree, or any other statute.

(3) A person seeking registration of a membership-based golf course business, among those persons seeking registration of a sports facility business provided for in paragraph (1), shall apply for such registration by classifying the following lands in and buildings within the golf course, which are located in or placed on the land site for the relevant golf course:

1. A golf course (including teeing grounds, fairways, the roughs and other hazards, and greens);

2. A parking lot and a driving range;

3. A balancing reservoir (excluding those established for sewage treatment, etc. separate from the golf course);

4. A landscape area used for operating, maintaining, and managing the golf course (referring to an area of land, the form and quality of which have been modified through forest destruction; conversion of a farmland; etc. and then landscape is designed and created on the area);

5. Management facilities (including administrative offices, resting facilities, cafeterias, storehouses, and all the other buildings within the golf course, excluding buildings which are not directly used for the golf course, such as a swimming pool, tennis court, driving range, training facility, sewage treatment facility, and a solar power generation facility) and all land appurtenant thereto;

6. Any land used for maintaining and managing the golf course, such as areas for cultivating maintenance grass, seedlings and flowering plants.

Article 21(Conditional registration) #

(1) "Facilities the scale of which exceeds the scale prescribed by Presidential Decree" in Article 19 (2) of the Act means the following facilities and any facilities requiring the use of the said facilities, which are prescribed by Decree of the Ministry of Culture, Sports and Tourism: <Amended on Feb. 29, 2008; Nov. 3, 2022>

1. Golf course business:

At least nine holes in the case of a membership-based golf course business and at least six holes in the case of a non-membership-based golf course business;

2. Skiing ground business:

At least three skiing areas and lifts necessary to use those areas.

(2) If a person who has made a conditional registration pursuant to Article 19 (2) of the Act fully satisfies the relevant condition, he or she shall file a modified registration pursuant to Article 19 (1) of the Act.

(3) Article 20 shall apply mutatis mutandis to an application for conditional registration as well as an application for modified registration thereof. In such cases, "if it falls short of the facility standards specified in Article 11 (1) of the Act" in Article 20 (2) 1 shall be construed as "if it fails to have the facilities specified in paragraph (1)", in regard to an application for conditional registration. <Amended on Dec. 6, 2011>

Article 21-2(Provision and sale of priority for use of non-membership-based golf courses) #

(1) "Scope of goods, organizations, period, etc. prescribed by Presidential Decree" in Article 21 (4) of the Act, with the exception of its subparagraphs, means the following goods, organizations, period, etc.:

1. Products used for a period not exceeding 7 days in connection with any of the following matters and the use of golf courses:

(a) Use of lodging facilities (referring to cases where the purpose of use of a building is lodging facilities defined in Article 2 (2) 15 of the Building Act);

(b) Rent lease of business motor vehicles by car rental business entities under the former part of Article 31 (1) of the Passenger Transport Service Act;

2. An association that regularly uses the relevant golf course at least twice a year;

3. A period equivalent to not more than 40/100 of the total number of daily tee off (referring to the tee off playing the first time) of the relevant golf course per day; provided, it may exceed 40/100 in cases of providing or selling priority for use pursuant to Article 21 (4) 3 of the Act.

(2) "Number of persons prescribed by Presidential Decree" in Article 21 (4) 2 of the Act means 10 persons.

(3) Pursuant to Article 21 (4) of the Act, a person who operates a non-membership golf course may provide or sell priority for use within the period classified as follows:

1. Where priority rights for the use of goods under paragraph (1) 1 are provided or sold, the period prescribed in the main clause of paragraph (1) 3 per day;

2. In cases of providing or selling priority rights for the use of organizations under paragraph (1) 2, the period prescribed in the main clause of paragraph (1) 3 per day;

3. Where both priority rights for the use of goods and organizations under paragraph (1) 1 and 2 are provided or sold, the period prescribed in the main clause of paragraph (1) 3 per day.

[This Article Added on Aug. 27, 2024]

[Previous Article 21-2 moved to Article 21-3 <Aug. 27, 2024>]

Article 21-3(Refund of use charges or tuition fees) #

A sports facility business entity shall refund the use charges within three business days of the occurrence of an event constituting a cause of refund according to the criteria for refund of use charges specified in Appendix 3-2, if an event constituting the relevant cause of refund specified in either of the items of Article 22 (1) 4 of the Act arises, and no terms and conditions have been concluded between general users and the sports facility business entity in regard to the causes and amounts of refund of use charges or tuition fees for lessons provided in the facility (hereinafter referred to as "use charge"). In such cases, if the sports facility business entity defaults the refund of the use charges, it shall also refund default interest charges calculated by multiplying the amount of arrears by 15/100 per annum based on the duration of default. <Amended on Dec. 22, 2020>

[This Article Added on Aug. 2, 2016]

[Title Amended on Dec. 22, 2020]

[Moved from Article 21-2 <Aug. 27, 2024>]

Article 22(Matters to be observed by dance institute business entities, dance hall business entities, and sports lesson business entities) #

(1) Matters to be observed by dance institute business entities and dance hall business entities under Article 22 (2) of the Act shall be as follows: <Amended on Dec. 29, 2017; Dec. 22, 2020>

1. No facilities for offering shows or performances shall be installed (only applicable to dance hall business entities);

2. No alcohol or food shall be sold or provided within a business establishment; provided, selling beverages manufactured or processed by persons who registered food manufacturing or processing business under subparagraph 1 of Article 21 of the Enforcement Decree of the Food Sanitation Act and beverages from vending machines shall be excluded.

(2) Matters to be observed by sports lesson business entities under Article 22 (2) of the Act shall be as follows: <Amended on Dec. 22, 2020>

1. Lessons shall not be provided from 12 am to 5 am;

2. No alcoholic beverages shall be sold or provided at a business establishment.

[Title Amended on Dec. 22, 2020]

Article 22-2(Processing of personal identity information) #

The Minister of Culture, Sports and Tourism (including those persons to whom the authority vested in the Minister of Culture, Sports and Tourism is delegated or entrusted under Article 2-5) and the heads of local governments (if the relevant authority is delegated or entrusted to other persons, including those persons) may manage data including a resident registration number or an alien registration number provided for in subparagraph 1 or 4 of Article 19 of the Personal Information Protection Act, if it is unavoidable for dealing with the following administrative affairs: <Amended on Apr. 16, 2019; Jun. 8, 2021>

1. Affairs related to the establishment and management of a computer system pursuant to Article 4-4 (1) 3 of the Act;

2. Affairs related to notification of the results of a safety inspection pursuant to Article 4-5 (1) of the Act;

3. Affairs related to granting an approval of a business plan and an approval for any modifications thereto pursuant to Article 12 of the Act;

4. Affairs related to placing restrictions on approval of a business plan and approval for any modifications thereto pursuant to Article 13 of the Act;

5. Affairs related to a registration of a sports facility business and a modified registration thereof pursuant to Article 19 of the Act;

6. Affairs related to reporting on a sports facility business and modification of any reported matter pursuant to Article 20 of the Act;

7. Affairs related to issuing corrective orders pursuant to Article 30 of the Act;

8. Affairs related to the imposition and collection of administrative fines pursuant to Article 40 of the Act.

[This Article Added on Aug. 3, 2015]

[Previous Article 22-2 moved to Article 22-3 <Aug. 3, 2015>]

Article 22-3(Re-examination of regulation) #

The Minister of Culture, Sports and Tourism shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Dec. 30, 2016; Mar. 3, 2020; Nov. 3, 2022; Aug. 27, 2024>

1. Requirements for designation of public golf courses under Article 7-2 (1): January 1, 2023;

2. Restrictions on approval of a business plan pursuant to Article 12: January 1, 2017;

2-2. Standards for providing and selling priority rights to use non-membership golf courses under Article 21-2: Jan. 1, 2024;

3. Criteria for imposition of administrative fines pursuant to Article 23 and Appendix 4: January 1, 2017.

[This Article Added on Dec. 9, 2014]

[Moved from Article 22-2 <Aug. 3, 2015>

Article 23(Criteria for imposition of administrative fines) #

The criteria for imposition of administrative fines provided for in Article 40 (1) of the Act shall be as specified in Appendix 4.

[This Article Wholly Amended on Mar. 30, 2011]