ENFORCEMENT DECREE OF THE SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCHANG OLYMPIC AND PARALYMPIC WINTER GAMES
[Enforcement Date 26. Jul, 2017.] [Presidential Decree No.28211, 26. Jul, 2017., Amendment by Other Act]
문화체육관광부 ( 평창올림픽지원과) , 044-203-3144
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Special Act on Support for the 2018 PyeongChang Olympic and Paralympic Winter Games and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 27464, Aug. 29, 2016>
Article 2 (Games-Related Facilities)
'Facilities prescribed by Presidential Decree' in subparagraph 2 (f) of Article 2 of the Special Act on Support for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the 'Act') means venues for the opening and closing ceremonies. <Amended by Presidential Decree No. 27464, Aug. 29, 2016>
CHAPTER II ORGANIZING COMMITTEE
Article 2-2 (Procedures for Receiving Donations, etc.)
(1) Where receiving any donation under Article 6-2 (1) of the Act, the Organizing Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games provided for in Article 5 (1) of the Act (hereinafter referred to as “Organizing Committee”) shall issue a receipt to the donor: Provided, That such issuance may be omitted where the donation is made anonymously or the donor is unknown.
(2) Where the donor specifies the purpose of the donation, the Organizing Committee shall use the donation only for the purpose.
(3) Notwithstanding paragraph (2), under extenuating circumstances where it is especially impractical to use such donation for the purpose specified by the donor, it may be used for other purposes with the consent of the donor: Provided, That under extenuating circumstances where it is impossible to obtain consent of the donor because the donation is made anonymously, the donor is unknown, etc., the Organizing Committee may use it for other purposes after posting such information on its bulletin board and website for at least seven days.
(4) The Organizing Committee shall create a separate account for the donations provided for in paragraph (1) and manage them.
(5) The Organizing Committee shall maintain accounting books recording the status of the donations received, how they are used, etc., and make them available for the donors to peruse.
[This Article Newly Inserted by Presidential Decree No. 27464, Aug. 29, 2016]
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 27464, Aug. 29, 2016]
Article 3 (Counter-Terrorism and Security Measures, etc.)
(1) Pursuant to Article 7 (2) of the Act, a Committee on Counter-Terrorism and Security Measures may be established to accomodate the requests made by the Organizing Committee. <Amended by Presidential Decree No. 27464, Aug. 29, 2016>
(2) The Director of the National Intelligence Service shall serve as the chairperson of the Committee on Counter-Terrorism and Security Measures to be established under paragraph (1) (hereinafter referred to as 'Committee on Counter-Terrorism and Security Measures'), and the heads of the relevant administrative agencies performing such duties as maintaining public peace, guarding against and preventing terrorism shall serve as its members.
(3) The Committee on Counter-Terrorism and Security Measures shall have a Counter-Terrorism and Security Measures Headquarters to conduct its businesses.
(4) Where the chairperson of the Committee on Counter-Terrorism and Security Measures deems it necessary for performing the duties of the Counter-Terrorism and Security Measures Headquarters, he/she may request the heads of the relevant administrative agencies to dispatch public officials under their control or to provide other necessary assistance.
(5) Matters necessary for the composition and operation of the Committee on Counter-Terrorism and Security Measures and the Counter-Terrorism and Security Measures Headquarters referred to in paragraph (3) (hereinafter referred to as 'Counter-Terrorism and Security Measures Headquarters') shall be determined by the chairperson of the Committee on Counter-Terrorism and Security Measures after consultation with the president of the Organizing Committee and the heads of the relevant administrative agencies.
(6) As prescribed in Article 7 (3) of the Act, the duties to be performed by the Organizing Committee, the Committee on Counter-Terrorism and Security Measures and the Counter-Terrorism and Security Measures Headquarters shall be as follows: <Amended by Presidential Decree No. 27464, Aug. 29, 2016>
1. Organizing Committee:
(a) Guarding, access control, maintenance of order and guidance on facilities directly related to the Games;
(b) Matters relating to the safety of athletes, executives, journalists, employees, spectators, etc.;
2. Committee on Counter-Terrorism and Security Measures and Counter-Terrorism and Security Measures Headquarters:
(a) Formulation and implementation of comprehensive measures for counter-terrorism and security relating to the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the 'Games');
(b) Support for guarding, public security, traffic control, etc. in the surrounding areas of facilities directly related to the Games;
(c) Support for rescue, first aid, etc. in emergencies, such as the prevention and extinguishment of fire, disasters, accidents, etc. relating to the Games;
(d) Other counter-terrorism and security measures requested by the Organizing Committee.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 4 (Management, Operation, etc. of Fund)
(1) The Olympic Games Fund established under Article 8 (1) of the Act (hereinafter referred to as the 'Fund') shall be managed by the Organizing Committee.
(2) The Fund shall be managed by the following methods:
1. Deposit in a bank defined in Article 2 (1) 2 of the Banking Act;
2. Purchase of national bonds or public bonds.
(3) The Fund shall be used to meet the expenses incurred in conducting business reflected in the business plan and the budget bill referred to in Article 21 of the Act.
(4) The accounts of the Fund shall be kept according to business accounting principles.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 5 (Profit-Making Businesses)
'Business prescribed by Presidential Decree' in Article 12 (1) 5 of the Act means any of the following business: <Amended by Presidential Decree No. 27323, Jul. 6, 2016>
1. Deleted; <by Presidential Decree No. 27464, Aug. 29, 2016>
2. Advertising business (excluding the outdoor advertising business prescribed in the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry);
3. Other businesses deemed necessary for the efficient preparation for and operation of the Games by the Minister of Culture, Sports and Tourism.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 6 (Grant of Funds to Other Institutions, etc.)
In any of the following cases, the Organizing Committee may grant some of the funds raised by the profit-making business to other institutions, corporations and organizations relating to the Games upon approval from the Minister of Culture, Sports and Tourism pursuant to Article 12 (2) of the Act:
1. Where stadiums, conveniences, etc. are improved or repaired in preparation for the Games;
2. Where arts and culture events directly relating to the Games are supported;
3. Where it is necessary to efficiently promote profit-making businesses.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 7 (Increased Issuance of Sports Promotion Betting Tickets)
(1) Where the Organizing Committee intends to request the president of the Korea Sports Promotion Foundation (hereinafter referred to as 'president') to issue an increased number of sports promotion betting tickets prescribed in Article 24 of the National Sports Promotion Act pursuant to Article 13 of the Act, it shall specify the total expenses incurred in relation to the preparation for and operation of the Games and the amount requested for subsidization.
(2) The president in receipt of a request to issue an increased number of sports promotion betting tickets as prescribed in paragraph (1) shall do so, upon approval from the Minister of Culture, Sports and Tourism, in an edition different from that of the sports promotion betting tickets issued for other sports events.
(3) Profits accruing from the increased issuance of sports promotion betting tickets pursuant to Article 13 (2) of the Act shall be used to subsidize the expenses incurred in relation to the preparation for and operation of international tournaments by the organizing committees of international tournaments (hereafter referred to as 'operating expenses' in this paragraph) where the grounds therefor exist in the Act or other Acts or subordinate statutes: Provided, That remainder of the profits after such subsidization shall be contributed to the National Sports Promotion Fund established under the National Sports Promotion Act.
(4) Except as prescribed in paragraphs (1) through (3), the National Sports Promotion Act shall apply mutatis mutandis to the increased issuance of sports promotion betting tickets.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 8 (Service Charges, etc.)
Where the Organizing Committee intends to collect service charges or usage fees as prescribed in Article 17 of the Act, it shall submit a document stating the following to the Minister of Culture, Sports and Tourism for approval:
1. Type of service charges or usage fees;
2. Rates and standards for calculation;
3. Methods and procedures of collection;
4. Other matters necessary for the collection of service charges and usage fees.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 9 (Period of Dispatch of Public Officials)
Notwithstanding Article 41 (2) 1 of the Decree on the Appointment of Public Officials or Article 27-2 (2) 1 of the Decree on the Appointment of Local Public Officials, public officials dispatched for at least one year as prescribed in Article 19 (1) of the Act may be dispatched until March 31, 2019.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 10 (Use of Games Insignias, etc.)
(1) 'Games-related symbols, etc. prescribed by Presidential Decree, such as insignias and mascots designated by the Organizing Committee' in the first sentence of Article 25 of the Act means any of the following symbols, etc.: <Amended by Presidential Decree No. 27464, Aug. 29, 2016; Presidential Decree No. 27977, Apr. 3, 2017>
1. Games-related insignias, mascots, torches, medals, testimonials, slogans, a theme song, pictogram, the flag of the Games, commemorative money, memorial stamps, public publications, posters, design of uniforms, and visual symbols, all of which are designated by the Organizing Committee (Look of the Games);
2. Various marks, designs, mottos, music, and sculptures containing the symbols referred to in subparagraph 1;
3. Those similar to the symbols referred to in subparagraph 1.
(2) 'If they use such symbols, as prescribed by Presidential Decree' in the proviso to Article 25 of the Act means any of the following cases:
1. Where a registered right-holder under the Trademark Act or the Design Protection Act uses such symbols;
2. Where such symbols are used, with the approval of the International Olympic Committee or the International Paralympic Committee;
3. Where such symbols are used for news reports or education.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
CHAPTER III GAMES SUPPORT COMMITTEE
Article 11 (Operation, etc. of the Games Support Committee)
(1) The Support Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the 'Support Committee') established under Article 26 of the Act shall deliberate on and coordinate the following: <Amended by Presidential Decree No. 27464, Aug. 29, 2016>
1. Matters concerning approval of a plan to establish and use games-related facilities (hereinafter referred to as 'project plan') pursuant to Article 27 (1) of the Act;
2. Matters concerning the formulation of a plan to revoke the designation as a conservation zone for forest genetic resources, and to protect, conserve, and recover forests pursuant to Article 34 of the Act;
3. Matters requiring overall governmental support for successful preparation for and holding of the Games;
4. Other matters deemed necessary by the chairperson of the Support Committee concerning the Games.
(2) The terms of office of the members appointed or commissioned by the chairperson of the Support Committee pursuant to Article 26 (2) 18 of the Act shall be three years.
(3) Where the chairperson deems it necessary or at least 1/3 of all incumbent members make a request, the chairperson of the Support Committee shall call a meeting.
(4) If the chairperson of the Support Committee is unable to perform his/her duties due to an extenuating circumstance, his/her duties shall be performed by (in the following order) the Minister of Culture, Sports and Tourism, the Minister of Strategy and Finance, and the Minister of Education, and if the chairperson and vice chairpersons of the Support Committee are all unable to perform their duties due to an extenuating circumstance, a member in the order prescribed in the subparagraphs of Article 26 (2) of the Act shall perform the duties of the chairperson of the Support Committee. <Amended by Presidential Decree No. 25751, Nov. 19, 2014>
(5) Where the chairperson of the Support Committee intends to call a meeting, he/she shall notify all members of the date, place and agenda of the meeting by no later than seven days before the meeting: Provided, That where such meeting is to be held urgently or any extenuating circumstance exists, he/she may notify all members of such matters by one day prior to the meeting.
(6) Meetings of the Support Committee shall be held with attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of those present.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 11-2 (Removal and Dismissal of Members)
The chairperson of the Games Support Committee may remove or dismiss a member under Article 26 (2) 18 of the Act in any of the following cases:
1. Where he/she is unable to perform his/her duties due to a mental disorder;
2. Where he/she has engaged in corruption in the course of performing his/her duties;
3. Where he/she is deemed no longer qualified as a member due to the neglect of duties, injury to dignity, or any other reason;
4. Where he/she declares that it is difficult to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
Article 12 (Composition and Operation of Support Working Committee)
(1) The Support Working Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the 'Support Working Committee') referred to in Article 26 (4) of the Act shall be comprised of not more than 30 members, including one chairperson, and each of the following persons shall become a member: <Amended by Presidential Decree No. 24453, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27464, Aug. 29, 2016; Presidential Decree No. 28211, Jul. 26, 2017>
1. One person from each of the following agencies who shall be nominated by the head of the agency he/she belongs to, from among public officials of the Senior Civil Service of the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Unification, the Ministry of Justice, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry for Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Korea Communications Commission, the Korea Forest Service and the Office for Government Policy Coordination;
2. The Administrative Vice Governor of Gangwon-do;
3. The Secretary General of the Korean Olympic Committee established under Article 33 of the National Sports Promotion Act;
4. The Secretary General of the Korea Sports Association for the Disabled established under Article 34 of the National Sports Promotion Act;
5. The Secretary General of the Organizing Committee;
6. Persons appointed or commissioned by the chairperson of the Support Working Committee based on the male-female ratio, from among those with extensive expert knowledge of and experience in preparing and holding international tournaments.
(2) The terms of office for members appointed or commissioned under paragraph (1) 6 shall be three years.
(3) The Support Working Committee shall have one executive secretary who shall be designated by the chairperson of the Support Working Committee to manage its administrative affairs.
(4) Where the chairperson of the Support Working Committee is unable to perform his/her duties due to unavoidable circumstances, a member designated by the chairperson shall perform the duties of the chairperson on his/her behalf.
(5) Except as prescribed in paragraphs (1) through (4), Article 11 (3), (5) and (6) shall apply mutatis mutandis to the operation of the Support Working Committee. In such cases, the 'Support Committee' shall be construed as the 'Support Working Committee.'
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 12-2 (Dismissal of Members of the Support Working Committee)
(1) A nomination of a member made under Article 12 (1) 1 may be withdrawn in any of the following cases:
1. Where he/she is unable to perform his/her duties due to a mental disorder;
2. Where he/she has engaged in corruption in performing his/her duties;
3. Where he/she is deemed no longer qualified as a member due to neglect of duties, injury to dignity, or any other reason;
4. Where he/she declares that it is difficult to perform his/her duties.
(2) The chairperson may remove or dismiss a member under Article 12 (1) 6, if such member falls under any of the subparagraphs of paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
Article 13 (Operation of Support Committee, etc.)
(1) Where the Support Committee and the Support Working Committee deems it necessary to deliberate on agenda and perform other duties, they may have interested persons or relevant specialists attend meetings to state their opinions, or request them to submit their opinions.
(2) Interested persons or relevant specialists who attend meetings of the Support Committee or the Support Working Committee may be paid allowances within budgetary limits: Provided, That this shall not apply to a member who is a public official who attends such meetings in direct relation to his/her duties.
(3) Except as prescribed in paragraphs (1) and (2), matters necessary for the operation of the Support Committee and the Support Working Committee shall be determined by the chairperson of the Support Committee upon resolution by the Support Committee.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
CHAPTER IV GAMES-RELATED FACILITIES, ETC.
Article 14 (Standards, etc. for Establishment of Project Plans)
(1) The Governor of Gangwon-Do (hereinafter referred to as the 'Governor') shall include the following in each project plan referred to in Article 27 (5) of the Act:
1. Basic direction-setting for and outline of the project;
2. Location and size of the area in which Games-related facilities are established and used;
3. Plans for creating a site;
4. Plans for building Games-related facilities;
5. Annual investment plans and funding plans;
6. Measures for using newly-built competition venues and facilities after the Games and measures for financing operating expenses.
(2) 'Any modification to insignificant matters prescribed by Presidential Decree' in the proviso to Article 27 (6) of the Act means any of the following cases:
1. Where the total scale of Games-related facilities is modified by up to 10/100 of the total scale in the initial plan;
2. Where operating expenses are modified by up to 10/100 of the total operating expenses;
3. Where total operating expenses are modified due to changes in the price of commodities, changes in the method of construction or settlement of accounts;
4. Where the project period is modified by up to two years;
5. Where the project plan is modified to utilize other existing facilities, other than those planned, as Games-related facilities (limited to cases where operating expenses are not modified).
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 15 (Public Announcement of Project Plans)
Where a project plan or any modification thereto is approved as prescribed in Article 27 (4) or (6) of the Act, the Governor shall, without delay, announce the project plan so approved or modified on the official bulletin and make it available for inspection by the public for at least 14 days.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 16 (Subsidization, etc. for Games-Related Facilities)
(1) The State or local governments may grant subsidies to cover the operating expenses necessary for constructing, remodeling and repairing facilities directly related to the Games (excluding facilities defined in subparagraph 2 (a) of Article 2 of the Act and access roads to the stadiums among the facilities defined in subparagraph 2 (b) of Article 2 of the Act), including design costs, compensatory payments, and construction costs, within budgetary limits: Provided, That this shall not apply to facilities established based on private investment.
(2) Where the State allocates a budget to subsidize project funds as prescribed in paragraph (1), the rate of subsidization shall be determined by the Minister of Strategy and Finance. In such cases, the Minister of Culture, Sports and Tourism may present his/her opinion thereon.
(3) Pursuant to Article 28 (5) of the Act, the Governor may request the State or a local government to complete Games-related projects that are being implemented or scheduled to be implemented by the State or the local government by no later than one year before the Games. In such cases, the State or the local government in receipt of such request shall actively comply therewith in the absence of extenuating circumstances.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Presidential Decree No. 24054, Aug. 22, 2012]
Article 17 (Implementers of Projects for Establishment, Use, etc. of Games-Related Facilities)
(1) 'Public institutions prescribed by Presidential Decree' in Article 30 (1) 2 of the Act means the following public institutions:
1. The Korea Tourism Organization incorporated under the Korea National Tourism Organization Act;
2. The Korea Rural Community Corporation incorporated under the Korea Rural Community Corporation and Farmland Management Fund Act;
3. The Korea Expressway Corporation incorporated under the Korea Expressway Corporation Act;
4. The Korea Water Resources Corporation incorporated under th