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INTERNATIONAL ATHLETIC GAMES SUPPORT ACT

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2018.10.29. 17:52:54
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INTERNATIONAL ATHLETIC GAMES SUPPORT ACT

[Enforcement Date 26. Jul, 2017.] [Act No.14839, 26. Jul, 2017., Amendment by Other Act]

문화체육관광부 ( 국제체육과) , 044-203-3163




CHAPTER I GENERAL PROVISIONS


Article 1 (Purpose)

The purpose of this Act is to promote national sports and contribute to national development by successfully holding international athletic games in the Republic of Korea by preparing grounds for providing necessary support therefor.


Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term “international athletic games” means any of the following games:

(a) The Olympic Games governed by the International Olympic Committee or the International Paralympic Committee;

(b) The Asian Games governed by the Olympic Council of Asia or the Asian Paralympic Committee;

(c) Universiades governed by the International University Sports Federation;

(d) FIFA World Cups governed by the International Federation of Football Association;

(e) World Championships in Athletics governed by the International Association of Athletics Federations;

(f) FINA World Championships governed by the International Swimming Federation;

(g) Other games prescribed by Presidential Decree as requiring support from the central government;

2. The term "games-related facilities" means any of the following facilities:

(a) Stadiums and convenience facilities annexed thereto;

(b) Training facilities for athletes, athlete villages, media villages and access roads to stadiums;

(c) Dope-testing facilities;

(d) Broadcasting and press facilities;

(e) Other facilities prescribed by Presidential Decree, among those directly related to games.


Article 3 (Relationship to Other Acts)

This Act shall apply to support for international athletic games (hereinafter referred to as “games”), except as otherwise expressly provided for in other Acts.


Article 4 (Responsibilities of the State and Local Governments)

The State and local governments shall formulate policies for successfully holding games; and may provide administrative and financial cooperation and support necessary for implementing such policies.


CHAPTER II APPROVAL TO ATTRACT GAMES AND ASSESSMENT, ETC.


Article 5 (General Supervision, Coordination and Cooperation)(1) The Minister of Culture, Sports and Tourism shall generally supervise and coordinate policies to support bidding for and holding games.

(2) The Minister of Culture, Sports and Tourism may request the heads of the relevant central administrative agencies, the heads of the relevant local governments, etc. to provide cooperation, when necessary to generally supervise and coordinate policies prescribed in paragraph (1).

(3) Any agency or organization in receipt of a request for cooperation from the Minister of Culture, Sports and Tourism prescribed in paragraph (2) shall comply therewith.


Article 6 (Approval to Attract Games)(1) The head of a local government or the head of a sports organization (including games organizations) who intends to attract games (hereinafter referred to as “head of a local government, etc.”) shall submit a plan for holding the games, to the Minister of Culture, Sports and Tourism; and shall acquire his/her approval thereof prior to submitting an application for attracting the games, to the head of the relevant international sports organization. In such cases, the head of the local government shall obtain a resolution from the relevant local council regarding whether to bid for the games prior to submitting the plan for holding the games.

(2) Any plan for holding games referred to in paragraph (1) shall provide for the following:

1. The name of the games;

2. The period and venue for the games, and the schedule for preparing for the games;

3. Status of securing games-related facilities that meet the games criteria in the venues for the games;

4. The specification of games-related facilities to be newly established, and a plan for using them after the games;

5. The total cost for holding the games, and a financing plan therefor;

6. Anticipated effects of holding the games, such as improved performance for events of the games;

7. Other matters prescribed by Presidential Decree as relevant to holding the games.

(3) Where the head of a local government, etc. intends to submit a plan for holding the games pursuant to paragraph (1), he/she shall request a specialized institution pre-designated by the Minister of Culture, Sports and Tourism to conduct a preliminary feasibility study on holding the games to review the appropriateness of attracting the games; and shall submit the outcomes of such preliminary feasibility study along with the plan for holding the games. In such cases, the head of the local government shall complete a preliminary feasibility study prior to the relevant local council passing a resolution prescribed in the latter part of paragraph (1).

(4) Where the Minister of Culture, Sports and Tourism approves to attract games pursuant to paragraph (1), he/she shall pre-consult with the Minister of Strategy and Finance regarding financing plans, etc.

(5) Matters necessary to grant approval to attract games, such as the procedures for preparing and approving plans for holding games, shall be prescribed by Presidential Decree.


Article 6-2 (Report before Applying for Attracting Games)

Where the head of a local government, etc. approved to attract the games pursuant to Article 6 (1) intends to submit an application for attracting the games to the head of the relevant international sports organization, he/she shall first report details of such application to the Minister of Culture, Sports and Tourism.

[This Article Newly Inserted by Act No. 14626, Mar. 21, 2017]


Article 6-3 (Revoking Approval)(1) The Minister of Culture, Sports and Tourism may revoke approval to attract games referred to in Article 6 (1) in any of the following cases:

1. When such approval has been obtained by fraud or other improper means;

2. When the application for attracting the games submitted to the head of the relevant international sports organization is different from those approved to attract the games prescribed in Article 6 (1);

3. When a serious crime has been committed in the process of attracting the games, such as providing bribes to people who may influence the decision-making process, such as executives or employees of the relevant international sports organization.

(2) The Minister of Culture, Sports and Tourism shall hold a hearing before revoking approval to attract games pursuant to paragraph (1).

[This Article Newly Inserted by Act No. 14626, Mar. 21, 2017]


Article 7 (Pre-Games and Post-Games Assessment)(1) The Minister of Culture, Sports and Tourism may conduct the pre-games assessment, examining preparations for the games, plans for using facilities after the games, etc.

(2) Where deemed that improvements are necessary ba sed upon the outcomes of the assessment referred to in paragraph (1), the Minister of Culture, Sports and Tourism may recommend that the organizing committee referred to in Article 9 or the head of the local government, etc. take measures for improvement.

(3) The organizing committee shall submit the post-games assessment report to the Minister of Culture, Sports and Tourism within six months after the relevant games.

(4) The Minister of Culture, Sports and Tourism shall report the outcomes of holding the games, including the assessment report submitted pursuant to paragraph (3), to the competent standing committee of the National Assembly within nine months after the relevant games.

(5) The Minister of Culture, Sports and Tourism shall publicize the pre-games assessment report referred to in paragraph (1) and the post-games assessment report referred to in paragraph (3).

(6) Other matters necessary for post-games assessments shall be prescribed by Presidential Decree.


Article 8 (Committee for Supporting International Athletic Games)(1) A committee for supporting international athletic games (hereinafter referred to as "support committee") shall be established under the Prime Minister to deliberate on and coordinate major policies related to holding games.

(2) The support committee shall be comprised of around 30 members, including the chairperson: the Prime Minister shall serve as its chairperson; the Minister of Strategy and Finance, the Minister of Education, and the Minister of Culture, Sports and Tourism shall serve as its vice chairpersons; and the remaining members shall be determined by Presidential Decree

(3) The support committee shall have one secretary. The secretary shall be designated by the chairperson from among senior executives of the Ministry of Culture, Sports and Tourism.

(4) A working committee for supporting international athletic games (hereinafter referred to as "working committee") shall be established under the support committee to examine agendas subject to deliberation and resolution by the support committee and to handle matters delegated to it by the support committee. The Vice Minister of Culture, Sports and Tourism shall serve as the chairperson of the working committee.

(5) Other matters necessary for organizing and operating the support committee and the working committee shall be prescribed by Presidential Decree.


CHAPTER III ORGANIZING COMMITTEE


Article 9 (Establishing Organizing Committee, etc.)(1) To conduct the following projects and activities for preparing for and successfully holding games, an organizing committee (hereinafter referred to as "organizing committee") may be established for the relevant games after obtaining authorization from the Minister of Culture, Sports and Tourism:

1. Formulating and executing a comprehensive plan and detailed operational plans for the relevant games;

2. Formulating and executing a plan for establishing and using games-related facilities;

3. Cooperation with international sports organizations governing the relevant games;

4. Private promotional campaigns for encouraging the people’s participation in and raising cultural awareness regarding the relevant games;

5. Other projects necessary to facilitate preparing for and operating the relevant games.

(2) The organizing committee shall be a corporation.

(3) The organizing committee shall have a chairperson, vice chairperson, executive members and auditors as its executive officers, and an executive committee shall be established to facilitate efficiently implementing the duties of the organizing committee.

(4) Such details as the fixed number of executive officers referred to in paragraph (3), the term of office and methods for selecting the same, and the composition, functions, etc. of the executive committee shall be prescribed by the articles of incorporation.

(5) Except as otherwise expressly prescribed in this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the organizing committee.

(6) Where the organizing committee is dissolved, Article 13 of the Act on the Establishment and Operation of Public Interest Corporations shall apply mutatis mutandis to reversion of residual property.

(7) Matters necessary for establishing and operating the organizing committee, including approval of business plans and budget bills, report on the settlement of accounts, shall be determined by Presidential Decree.


Article 10 (Assistance from the State, etc.)(1) The organizing committee may request the State, local governments, public institutions (referring to public institutions prescribed in Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), corporations, organizations, etc. to provide administrative and financial cooperation; assistance; and other necessary support; and the agencies in receipt of such request shall comply therewith, except in any extenuating circumstance.

(2) To prevent terrorism and safety threats against games-related facilities, athletes, executive officers, journalists, spectators, etc., the organizing committee may request the State to take supportive measures.

(3) The State or local governments may provide funding necessary to establish and operate the organizing committee and to prepare for and operate games.


Article 11 (Dispatching Public Officials, etc.)(1) Where the organizing committee deems it necessary to perform its duties, it may request the relevant administrative agencies, local governments, or games-related corporations or organizations to dispatch public officials prescribed in Article 2 (2) of the State Public Officials Act or Article 2 of the Local Public Officials Act or executives or employees of corporations or organizations upon approval by the Minister of Culture, Sports and Tourism.

(2) Where the organizing committee requests the corporations or organizations to dispatch their public officials, executives or employees as prescribed in paragraph (1), the heads of the relevant administrative agencies, local governments, corporations or organizations shall select and dispatch persons able to perform the relevant duties, except in extenuating circumstances; and where they intend to recall such dispatch during the period of dispatch, they shall pre-consult with the organizing committee.

(3) The heads of the relevant administrative agencies, local governments, corporations or organizations that have dispatched public officials, executives or employees as prescribed in paragraph (2) shall not treat dispatched persons unfavorably regarding their promotion, change of position, education, rewards, welfare, etc.

(4) Where deemed that dispatched public officials, or executives or employees of corporations or organizations are unable to perform their duties, the organizing committee may request the relevant administrative agencies, local governments, corporations or organizations that have dispatched such public officials, executives or employees to recall the dispatch.


Article 12 (Establishing, etc. Fund)(1) To appropriate funds necessary to establish and operate the organizing committee and to meet the expenses to be incurred in preparing for and operating the games, the organizing committee may establish a Games Fund (hereinafter referred to as "Fund").

(2) The Fund shall be financed as follows:

1. Contributions, subsidies, and donations from the Government and entities other than the Government;

2. Funds borrowed under Article 14;

3. Earnings from for-profit businesses prescribed in Article 16;

4. Profits from sports promotion betting tickets allocated to the organizing committee pursuant to Article 17;

5. Profits from issuing commemorative coins prescribed in Article 18;

6. Earnings from outdoor advertising business subsidized to the organizing committee pursuant to Article 6 (5) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry;

7. Profits from operating the Fund;

8. Other revenues.

(3) The fiscal year of the Fund shall coincide with that of the Government.

(4) Other matters necessary to operate and manage the Fund shall be prescribed by Presidential Decree.


Article 13 (Lending, etc. State or Public Property)(1) Where deemed necessary to support the organizing committee, the State or local governments may gratuitously lend the organizing committee any State or public property or permit the organizing committee to use or profit therefrom; or gratuitously transfer office supplies or other articles to the organizing committee or permit the organizing committee to gratuitously use them so as not to impede the intended purpose of such property, office supplies or other articles.

(2) Where the organizing committee is allowed to gratuitously borrow, use, profit from, or receive State or public property, office supplies or other articles pursuant to paragraph (1), the relevant details, terms and conditions, procedures, etc. shall be prescribed by contract between the managing authority of the relevant property or articles and the organizing committee.


Article 14 (Borrowing, etc. Funds)(1) Where necessary to prepare for and operate the games, the organizing committee may borrow money (including from international organizations, foreign countries, foreigners, etc.); or may import goods with approval of the Minister of Culture, Sports and Tourism.

(2) Where the organizing committee borrows funds from overseas or imports goods, the Introduction and Management of Public Loans Act and the Foreign Exchange Transactions Act shall apply.


Article 15 (Exempting from Duty to Purchase Bonds, etc.)

Where the organizing committee acquires movable property, immovable property, etc. for its operation and activities, it shall be exempt from the duty to purchase various bonds, etc. under relevant statutes in the same manner as such exemption is applied to State agencies.


Article 16 (For-Profit Businesses)(1) To meet the expenses to be incurred in preparing for and operating the games, the organizing committee may engage in the following for-profit businesses with approval of the Minister of Culture, Sports and Tourism:

1. Emblem business;

2. Official commemorative medal business;

3. Broadcasting rights business;

4. Selling lots of land, such as housing sites;

5. Other games-related businesses prescribed by Presidential Decree.

(2) The organizing committee may grant some of the funds raised from for-profit businesses to other games-related institutions, corporations, or organizations, as prescribed by Presidential Decree.


Article 17 (Issuing Additional Sports Promotion Betting Tickets)(1) Where necessary to meet expenses to be incurred in preparing for and operating the games, the organizing committee may request the president of the Korea Sports Promotion Foundation (hereinafter referred to as "president") to issue additional sports promotion betting tickets prescribed in Article 24 of the National Sports Promotion Act.

(2) The president shall allocate profits from additional sports promotion betting tickets issued under paragraph (1), to the organizing committee each quarter.

(3) Matters necessary for issuing additional sports promotion betting tickets, allocating profits, etc. prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

(4) The additional sports promotion betting tickets issued under paragraph (1) shall be excluded from the total quantity of sales adjusted or recommended by the National Gambling Control Commission prescribed in Article 5 of the National Gambling Control Commission Act.


Article 18 (Issuing Commemorative Coins)(1) To meet the expenses to be incurred in preparing for and operating the games, the organizing committee may request the Bank of Korea to issue commemorative coins.

(2) The organizing committee may exclusively acquire commemorative coins issued under paragraph (1).


Article 19 (Issuing Commemorative Stamps, etc.)

To publicize or commemorate the games, the organizing committee may request the Minister of Science and ICT to issue commemorative stamps or postal cards.


Article 20 (Service Charges, etc.)

In performing duties for the games and other games-related projects, the organizing committee may collect service charges or usage fees, as prescribed by Presidential Decree, in any of the following cases:

1. Where using games-related facilities or articles managed by the organizing committee is allowed;

2. Where the organizing committee provides services to individuals, corporations, or organizations;

3. Other cases prescribed by Presidential Decree.


CHAPTER IV GAMES-RELATED FACILITIES, ETC.


Article 21 (Formulating and Implementing Project Plans)(1) The head of a local government having jurisdiction over the venue for the games shall formulate a plan for establishing, using, etc. games-related facilities (hereinafter referred to as "project plan") to successfully hold the games; and shall obtain approval thereof from the Minister of Culture, Sports and Tourism.

(2) The total project cost under the project plan referred to in paragraph (1) shall not exceed the total project cost under the plan for holding the games referred to in Article 6: Provided, That the foregoing shall not apply to any of the following:

1. Increases in price;

2. Increases in compensation for loss of land, etc. necessary to implement the project;

3. Increases in the project cost arising from circumstances beyond the control of the head of the local government, etc., such as damage to games-related facilities due to natural disasters, etc.;

4. Other increases in the project cost not caused by the head of the local government, as prescribed by Presidential Decree.

(3) Where the Minister of Culture, Sports and Tourism intends to approve a project plan, he/she shall pre-consult with the head of the relevant central administrative agency; and shall submit the case for deliberation by the support committee.

(4) The head of the relevant central administrative agency in receipt of a request for consultation prescribed in paragraph (3) shall present his/her opinions to the Minister of Culture, Sports and Tourism within 40 days from the date of receipt of such request, except in extenuating circumstances.

(5) Where the head of the relevant central administrative agency fails to submit his/her opinions within the period prescribed in paragraph (4), he/she shall be deemed to have no related opinion.

(6) Where the Minister of Culture, Sports and Tourism approves a project plan, he/she shall send documents to the heads of the relevant administrative agencies and the head of the local government having jurisdiction over the venue for the games; and the head of the local government in receipt of such documents shall publish them.

(7) Matters necessary for formulating, publishing, etc. project plans shall be prescribed by Presidential Decree.

(8) Where a project plan approved under paragraph (1) is to be amended, paragraphs (3) through (7) shall apply mutatis mutandis: Provided, That the foregoing shall not apply when amending any insignificant matters prescribed by Presidential Decree.


Article 22 (Subsidizing, etc. Games-Related Facilities)(1) The State or local governments may grant subsidies to partially cover the expenses to be incurred in newly constructing, remodeling or repairing games-related facilities.

(2) Where subsidies are granted under paragraph (1), the percentage of State subsidies shall be according to the Subsidy Management Act.

(3) Where the head of the local government having jurisdiction over the venue for the games requests the State or local governments to transfer any State or public property to establish games-related facilities, the State or local governments may preferentially transfer such property, notwithstanding the State Property Act and the Public Property and Commodity Management Act. In such cases, any State or public property to be transferred can be used for non-State or non-public purposes without following separate procedures.

(4) Where a project for installing games-related facilities, etc. is implemented in areas of several local governments, the local governments involved shall cooperate therewith.

(5) The State or local governments may preferentially implement games-related projects that are being implemented or scheduled to be implemented in the venue cities or in the vicinity thereof, by adjusting their schedule according to the timing for holing the games, as prescribed by Presidential Decree.

(6) Local governments may issue local bonds to subsidize the projects for games-related facilities. In such cases, notwithstanding Article 11 of the Local Finance Act, they may issue local bonds exceeding the ceiling for issuing local bonds.

(7) Where athlete villages or media villages constructed as games-related facilities are to be provided to the public, notwithstanding Article 57 of the Housing Act, restrictions need not be imposed on the price of a unit of multi-unit housing with an area exceeding 85 square meters for exclusive use.


Article 23 (Special Cases concerning Approval of Project Plans)

Where a project plan referred to in Article 21 is approved, the following activities shall be deemed completed:

1. Formulating a reclamation master plan prescribed in Article 22 of the Public Waters Management and Reclamation Act;

2. Formulating and reporting a medium-term local financial plan prescribed in Article 33 of the Local Finance Act; and examining financial investment projects prescribed in Article 37 of the same Act.


Article 24 (Implementers of Projects for Establishing, Using, etc. Games-Related Facilities)(1) The head of the local government having jurisdiction over the venue for the games, may directly implement projects for establishing, using, etc. games-related facilities; or may designate any of the following persons as a project implementer to implement such projects:

1. The head of a Si/Gun/Gu (only applicable where the head of the local government having jurisdiction over the venue for the games is the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor);

2. Public institutions prescribed by Presidential Decree;

3. Local government-invested public corporations prescribed in the Local Public Enterprises Act;

4. Where such projects are implemented under a public-private partnership pursuant to the Act on Public-Private Partnerships in Infrastructure, project implementers prescribed by the same Act;

5. Other implementers prescribed by Presidential Decree.

(2) Anyone who intends to be designated as an implementer pursuant to paragraph (1) (hereinafter referred to as "implementer") shall prepare documents prescribed by Presidential Decree; and shall submit them to the head of the local government having jurisdiction over the venue for the games.


Article 25 (Approval of Implementers' Project Plans)(1) Where approval is granted for a project plan prescribed in Article 21, the relevant implementer shall prepare an implementer's project plan stating matters prescribed by Presidential Decree, etc., such as the scale and details of the project for establishing, using, etc. games-related facilities, the project period, and financing plan; and shall obtain approval thereof from the head of the local government having jurisdiction over the venue for the games; the same shall apply when amending matters already approved: Provided, That the foregoing shall not apply when amending insignificant matters prescribed by Presidential Decree.

(2) Where the head of the local government having jurisdiction over the venue for the games approves an implementer's project plan or approves any amendment thereto, he/she shall, without delay, publish it in the official report; and shall send a copy of related documents to the heads of the competent local governments. In such cases, Article 8 of the fr amework Act on the Regulation of Land Use shall apply to hearing of residents' opinions and publication of the topographical map of the area where games-related facilities are to be established and used, stated in the project plan.

(3) The heads of the local governments in receipt of a copy of relevant documents pursuant to paragraph (2) shall make the details thereof available for public inspection for at least 14 days.


Article 26 (Restrictions on Activities, etc.)

No permit to engage in development activities prescribed in Article 56 of the National Land Planning and Utilization Act; no permit to construct buildings or temporary buildings prescribed in the Building Act or reporting thereon; and no reporting on the building of structures prescribed in the Building Act, shall be granted or filed where games-related facilities are to be established and used from the date approval of an implementer's project plan is publicly announced under Article 25: Provided, That the foregoing shall not apply when the head of the competent Si/Gun/Gu deems that such activities do not hinder establishing and using games-related facilities; and grants a permit or receives a report accordingly.


Article 27 (Authorization, Permission, etc. Deemed Granted under Other Acts)(1) Where an implementer obtains approval of his/her project plan or amendment thereto pursuant to Article 25, the following permission, authorization, determination, revocation, designation, approval, consultation, deliberation, reporting, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed granted, performed, or made; and where approval is publicly announced, authorization, permission, etc. shall be deemed publicly notified or announced pursuant to the following Acts:

1. Permission to change, etc. the form and quality of land prescribed in Article 21-2 of the Grassland Act; and permission to convert grassland prescribed in Article 23 of the same Act;

2. Permission to convert farmland; and consulting thereon prescribed in Article 34 of the Farmland Act;

3. Permission to use agricultural production infrastructure prescribed in Article 23 of the Rearrangement of Agricultural and Fishing Villages Act; and approval of a development project plan for a rural tourism and resort complex referred to in Article 82 (2) of the same Act;

4. Drafting and determining a park development plan prescribed in Article 16 of the Act on Urban Parks, Green Areas, Etc.; and permission to occupy and use an urban park prescribed in Article 24 of the same Act;

5. Permission to convert a mountainous district prescribed in Article 14 of the Mountainous Districts Management Act; reporting on the conversion of a mountainous district prescribed in Article 15 of the same Act; and permission to temporarily use a mountainous district and reporting thereon prescribed in Article 15-2 of the same Act;

6. Permission to cut, etc. standing trees and reporting thereon prescribed in Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;

7. Permission to engage in, or reporting on activities in forest conservation zones referred to in Article 9 (1) and (2) 1 and 2 of the Forest Protection Act (excluding conservation zones for forest genetic resources; hereafter in this Article the same shall apply); and revoking designation of a forest conservation zone referred to in Article 11 (1) 1 of the same Act;

8. Permission to occupy and use a public water prescribed in Article 8 of the Public Waters Management and Reclamation Act; approval of implementation plans prescribed in Article 17 of the same Act; a license to reclaim public waters prescribed in Article 28 of the same Act; public announcement of licenses prescribed in Article 33 of the same Act; consultations or approval prescribed in Article 35 or 36 of the same Act; and approving and publicly announcing an implementation plan for reclaiming public waters prescribed in Article 38 of the same Act;

9. Permission to implement river works referred to in Article 30 of the River Act; and permission to occupy and use a river referred to in Article 33 of the same Act;

10. Authorization to install public sewage systems referred to in Article 11 of the Sewerage Act; permission to implement construction works for public sewage systems referred to in Article 16 of the same Act; and permission to occupy and use a public sewage system referred to in Article 24 of the same Act;

11. Permission to implement small river construction works referred to in Article 10 of the Small River Maintenance Act;

12. Reporting on industrial waste referred to in Article 17 of the Wastes Control Act;

13. Permission to install facilities for discharging water pollutants or reporting thereon prescribed in Article 33 of the Water Environment Conservation Act;

14. Reporting on fugitive dust prescribed in Article 43 of the Clean Air Conservation Act;

15. Prior reporting on specific construction works referred to in Article 22 of the Noise and Vibration Control Act;

16. Approval of a business plan referred to in Article 12 of the Installation and Utilization of Sports Facilities Act;

17. Approval of a business plan referred to in Article 15 of the Tourism Promotion Act; and approval of a development plan for a tourist destination and tourism complex referred to in Article 54 of the same Act;

18. Permission to implement road works by those other than the road management agency referred to in Article 36 of the Road Act; permission to occupy and use a road prescribed in Article 61 of the same Act; and consultation with or approval from the road management agency prescribed in Article 107 of the same Act;

19. Permission to open a private road prescribed in Article 4 of the Private Road Act;

20. Determining an Urban/Gun management plan referred to in Article 30 of the National Land Planning and Utilization Act (excluding determination of special-purpose area, special-purpose district, and special-purpose zone); designating a district-unit planning zone referred to in Article 51 of the same Act; permission to engage in development activities referred to in Article 56 of the same Act; designating an implementer of an urban/Gun planning facility project referred to in Article 86 of the same Act; and preparing and authorizing an implementation plan referred to in Article 88 of the same Act;

21. Permission to exhume a grave of person having no surviving relatives and to bury remains from such grave in another place provided for in Article 27 (1) of the Act on Funeral Services, Etc.;

22. Approval of an implementation plan for a housing site development project provided for in Article 9 of the Housing Site Development Promotion Act;

23. Permission to cut trees provided for in Article 14 of the Erosion Control Work Act; and revoking designation of land treated for erosion control provided for in Article 20 of the same Act;

24. Permission to use State property referred to in Article 30 of the State Property Act;

25. Designating public housing project implementers referred to in Article 4 of the Special Act on Public Housing; designation of a public housing zone referred to in Article 6 of the same Act; and approval of a public housing zone development plan referred to in Article 17 of the same Act;

26. Reporting on commencing, modifying or completing a project provided for in Article 86 (1) of the Act on the Establishment, Management, etc. of Spatial Data;

27. Deliberation by a building committee established under Article 4 of the Building Act; a building permit granted under Article 11 of the same Act; permission to construct temporary buildings or reporting thereon provided for in Article 20 of the same Act; consulting on construction provided for in Article 29 of the same Act; and reporting on the building of structures provided for in Article 83 of the same Act;

28. Approval of a project plan referred to in Article 15 of the Housing Act.

(2) Where the head of the local government having jurisdiction over the venue for the games, approves an implementer's project plan or any amendment thereto, he/she shall pre-consult with the head of the relevant administrative agency if such project plan includes the matters referred to in paragraph (1); and the head of the relevant administrative agency shall submit his/her opinion within 30 days from the receipt of a request for consultation.

(3) Where the head of the relevant administrative agency fails to submit his/her opinion within the period prescribed in paragraph (2), he/she shall be deemed to have no related opinion.

(4) Where deemed especially necessary to establish games-related facilities in consideration of the conditions of the location, such facilities may be established in development restriction zones or sports parks, as prescribed in the Act on Special Measures for Designation and Management of Development Restriction Zones or in the Act on Urban Parks, Green Areas, Etc.

(5) Games-related facilities shall be deemed infrastructure prescribed in the Act on Public-Private Partnerships in Infrastructure.


Article 28 (Expropriating Land, etc.)(1) Where necessary to implement a project, the implementer thereof may expropriate or use land, articles or rights (hereafter in this Article referred to as "land, etc.") prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

(2) Where an implementer's project plan is approved or publicly announced, project approval or public announcement thereof prescribed in Articles 20 and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be deemed granted and given; and an application for adjudication may be filed within the period for implementation stipulated in the implementer's project plan, notwithstanding Articles 23 and 28 of the same Act.

(3) Except as otherwise expressly prescribed in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to expropriating or using land, etc. provided for in paragraph (1).


Article 29 (Verifying Construction Works Completion)(1) Where an implementer completes construction works, he/she shall, without delay, submit a completion report on construction works to the head of the local government having jurisdiction over the venue for the games; and shall obtain verification of construction works completion. In such cases, the head of the local government in receipt of an application for verifying the completion of construction works, may request the heads of the relevant public institutions, research institutions or other specialized institutions to conduct inspections necessary for verifying construction works completion.

(2) Where the head of the local government having jurisdiction over the venue for the games receives an application for verifying the completion of construction works as prescribed in paragraph (1), he/she shall inspect the completion of construction works, as prescribed by Presidential Decree; and shall issue a certificate of construction works completion if he/she deems that the construction works have been implemented as approved.

(3) Where an implementer obtains a certificate of construction works completion prescribed in paragraph (2), he/she shall be deemed to have undergone a pre-use inspection or obtained authorization of construction works completion, deemed undergone or granted under Article 27 (1).


CHAPTER V SUPPLEMENTARY PROVISIONS


Article 30 (Using Games Emblems, etc.)

Where any person intends to display any symbolic items of the games, such as the emblems or mascots designated by the organizing committee, on products, etc. or use such items for advertising or other for-profit purposes, such person shall obtain approval from the organizing committee: Provided, That the foregoing shall not apply when any holder of a right registered under the Trademark Act and the Design Protection Act uses such items.


Article 31 (Prohibition on Using Similar Titles)

No entity, other than the organizing committee, shall use the name of the organizing committee for the relevant games or any similar name thereto.


Article 32 (Persons Deemed Public Officials for Purposes of Penalty Provisions)

The executives and employees of the organizing committee and the executives and employees dispatched to the organizing committee from corporations or organizations pursuant to Article 11 shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act.


CHAPTER VI PENALTY PROVISIONS


Article 33 (Penalty Provisions)

Any person who violates Article 30 shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 20 million won.


Article 34 (Administrative Fines)(1) Any person who violates Article 31 shall be punished by an administrative fine not exceeding five million won.

(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree.




부칙 ADDENDA

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부칙 ADDENDA

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부칙 ADDENDUM

This Act shall enter into force on the date of its promulgation.


부칙 ADDENDA

Article 1 (Enforcement Date)







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부칙 ADDENDA

Article 1 (Enforcement Date)


(1) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Acts promulgated before this Act enters into force, but the dates they enter into force have not yet arrived, among the Acts amended by Article 5 of this Addenda, shall enter into force on the dates the respective Acts enter into force.

Articles 2 through 6 Omitted.
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