SPECIAL ACT ON SUPPORT FOR THE 2018 PYEONGCHANG OLYMPIC AND PARALYMPIC WINTER GAMES
[Enforcement Date 26. Jul, 2017.] [Act No.14839, 26. Jul, 2017., Amendment by Other Act]
문화체육관광부 ( 평창올림픽지원과) , 044-203-3148
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to support the 23rd Olympic Winter Games and the 12th Paralympic Winter Games to be held in 2018 with the aim of promoting the physical exercise of the people and solidifying the Olympic legacy, thereby contributing to the national development. <Amended by Act No. 14198, May 29, 2016>
Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term 'Games-related facilities' means facilities directly related to the Games and facilities for creating an environment for the Games;
2. The term 'facilities directly related to the Games' means any of the following facilities:
(a) Stadiums and convenience facilities annexed to stadiums;
(b) Training facilities for athletes, athlete villages, media villages and access roads to stadiums;
(c) Dope-testing facilities;
(d) Facilities for the international broadcasting center and the main press center;
(e) Electric and telecommunications facilities;
(f) Other facilities directly related to the Games and prescribed by Presidential Decree;
3. The term 'facilities for creating an environment for the Games' means any of the following facilities:
(a) Transportation facilities, such as main arterial roads, railroads, and airports, that need to be established or maintained for the operation of the Games and for the construction of access networks;
(b) Direction boards for stadiums, training camps and athlete villages and publicity information facilities;
(c) Development of reservoirs exclusively for drinking water, for the supply of water and water supply facilities;
(d) Other facilities necessary for creating an environment for the Games and prescribed by Presidential Decree;
4. The term 'Olympic Winter Games Special Zone' (hereinafter referred to as 'Special Zone') means an area designated and notified as prescribed by this Act to successfully hold the Games and to solidify the legacy thereof;
5. The term 'foreigner' means a person as defined in Article 2 (1) 1 of the Foreign Investment Promotion Act;
6. The term 'foreign-invested enterprise' means an enterprise as defined in Article 2 (1) 6 of the Foreign Investment Promotion Act.
Article 3 (Relationship with Other Acts)
Special exceptions prescribed by this Act to relax regulations for projects to establish, use Games-related facilities during and after the Games and for special zones shall prevail over other Acts: Provided, That if the regulations provided for in the corresponding provisions of other Acts are lighter than those of this Act, such provisions of other Acts shall apply.
Article 4 (Responsibilities of State and Local Governments)
(1) The State and local governments shall establish and implement comprehensive policies and prepare a support plan so that the Games are held as the cultural and environmental Olympics.
(2) The State and local governments shall take necessary measures so that the Games are operated safely and conveniently without any discrimination against persons with disabilities.
CHAPTER II ORGANIZING COMMITTEE
Article 5 (Establishment of Organizing Committee)
(1) In order to conduct the following projects and activities for the preparation and successful operation of the Games, the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games (hereinafter referred to as 'the Organizing Committee') shall be established upon authorization from the Minister of Culture, Sports and Tourism: <Amended by Act No. 14198, May 29, 2016>
1. Establishment of a comprehensive plan for the Games, and establishment and implementation of detailed operational plans;
2. Establishment and implementation of a plan to establish and use Games-related facilities;
3. Cooperation with international sports organizations promoting the Games;
4. Other projects necessary for the smooth preparation and operation of the Games.
(2) The Organizing Committee shall be a corporation.
(3) The Organizing Committee shall have a president, a vice president, executive members and auditors as its executives, and a plenary session as its supreme decision-making organ and an executive board for the efficient performance of its duties.
(4) Such details as the number of executives prescribed in paragraph (3), their terms of office, methods of selecting executives, and organization, functions, etc. of the plenary session and the executive board shall be prescribed by the articles of association.
(5) Except as otherwise expressly prescribed by this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the Organizing Committee.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of the Addenda to Act No. 11226, Jan. 26, 2012]
Article 6 (Support from 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 and support and other necessary convenience, and relevant institutions shall comply therewith in the absence of justifiable reasons to the contrary.
(2) The State and local governments may grant subsidies necessary for the establishment and operation of the Organizing Committee and for the preparation and operation of the Games.
(3) For the success of the Games, the State, local governments, and the Organizing Committee may support private promotional campaigns to encourage participation of the people and civilized conduct.
(4) In order to continuously and systematically promote the private promotional campaigns prescribed in paragraph (3), the State, local governments and Organizing Committee may provide administrative and financial support necessary for the establishment and operation of relevant organizations.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of the Addenda to Act No. 11226, Jan. 26, 2012]
Article 6-2 (Receipt of Donations)
(1) The Organizing Committee may receive donations voluntarily given in compliance with the business purposes, notwithstanding the main sentence of Article 5 (2) of the Act on Collection and Use of Donations.
(2) Such details as the procedure of receiving donations under paragraph (1) and others shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14198, May 29, 2016]
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of the Addenda to Act No. 11226, Jan. 26, 2012]
Article 7 (Counter-Terrorism and Security Measures)
(1) In preparation for terrorism and safety threats against Games-related facilities, athletes, executives, journalists, employees, spectators, etc., the Organizing Committee may request the State to take supportive measures.
(2) In order to take supportive measures requested by the Organizing Committee prescribed in paragraph (1), the State may establish and operate an organization for counter-terrorism and security measures consisting of counter-terrorism security-related institutions.
(3) Matters necessary for the detailed division of duties among the Organizing Committee and relevant administrative agencies and for the establishment, operation, etc. of the organization for counter-terrorism and security measures referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 7-2 (Grounds for Disqualification of Persons Relevant to the Games, etc.)
(1) To ensure safety of the Games, no one shall be recognized as persons relevant to the Games, to whom the registration card can be issued, allowing access to the facilities directly related to the Games, nor shall he/she be allowed to become a torchbearer, if five years have not yet passed since imprisonment with labor or heavier punishment he/she was sentenced to for committing any of the following crimes was executed (including cases where such execution is deemed to have been terminated) or since such punishment was determined not to be executed:
1. Crimes prescribed in Article 114 of the Criminal Act;
2. Crimes prescribed in Articles 119 through 121 of the Criminal Act;
3. Crimes prescribed in Articles 164 through 169, Article 172, Article 172-2, and Article 173 of the Criminal Act;
4. Crimes prescribed in Articles 250 through 253 of the Criminal Act;
5. Crimes prescribed in Articles 3 through 9 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
(2) To confirm whether the grounds for disqualification provided for in paragraph (1) apply to a person intending to be recognized as relevant to the Games and be issued a registration card, or to be a torchbearer, the Organizing Committee shall, with the consent of that person, request inquiry about criminal records prescribed in Article 6 of the Act on the Lapse of Criminal Sentences, from the head of the police agency; and the head of the police agency shall inform the Organizing Committee of whether any ground of disqualification exists.
(3) The Organizing Committee may process data containing resident registration numbers, where it is essential and unavoidable in conducting tasks under paragraph (1).
[This Article Newly Inserted by Act No. 14622, Mar. 21, 2017]
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 14622, Mar. 21, 2017]
Article 8 (Establishment, etc. of Fund)
(1) In order to appropriate money necessary for the establishment and operation of the Organizing Committee and expenses incurred in preparing and operating the Games, the Organizing Committee shall establish an Olympic Games Fund (hereinafter referred to as the 'Fund').
(2) The Fund shall be financed by the following means: <Amended by Act No. 13726, Jan. 6, 2016; Act No. 14198, May 29, 2016>
1. Contributions, subsidies, and donations from the Government and entities other than the Government;
2. Money borrowed under Article 10;
3. Earnings from profit-making businesses prescribed in Article 12;
4. Profits from sports promotion betting tickets allocated to the Organizing Committee as prescribed in Article 13;
5. Profits from the issuance of commemorative money prescribed in Article 14;
6. Earnings from outdoor advertising business subsidized to the Organizing Committee as prescribed in Article 6 (5) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry;
7. Profits from the operation of the Fund;
8. Other profits.
(3) The fiscal year of the Fund shall coincide with the fiscal year of the Government.
(4) Other details regarding the operation and management of the Fund shall be prescribed by Presidential Decree.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 9 (Lending, etc. of State or Public Property)
(1) Where the State or local governments deem it necessary for supporting the Organizing Committee, they may gratuitously lend the Organizing Committee any State or public property, permit the Organizing Committee to use or profit from any State or public property, or gratuitously transfer office supplies or other articles to the Organizing Committee.
(2) Where the State or local governments gratuitously lend the Organizing Committee State or public property, permit the Organizing Committee to use or profit from any State or public property, or gratuitously transfer office supplies or other articles as prescribed in paragraph (1), the terms and conditions of, procedures for such lending, etc. shall be prescribed by a contract between the managing agency of the relevant property or article and the Organizing Committee.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 10 (Borrowing, etc. of Money)
(1) If it is necessary for the preparation and operation of the Games, the Organizing Committee may borrow money or bring in materials (including borrowing money and bringing in materials from international organizations, foreign countries, foreigners, etc.) with the approval of the Minister of Culture, Sports and Tourism.
(2) Where the Organizing Committee borrows money or brings in materials from overseas, the Introduction and Management of Public Loans Act and the Foreign Exchange Transactions Act shall apply.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 11 (Exemption from Duty to Purchase Bonds, etc.)
Where the Organizing Committee acquires movable property, immovable property, etc. for its operation and activities, it is exempt from its duty to purchase various bonds, etc. pursuant to relevant Acts and subordinate statutes in the same manner as such exemption is applied to State agencies.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 12 (Profit-Making Businesses)
(1) In order to cover the expenses to be incurred in preparing and operating the Games, the Organizing Committee may carry on the following profit-making businesses with the approval of the Minister of Culture, Sports and Tourism: <Amended by Act No. 14198, May 29, 2016>
1. Insignia business;
2. Official commemorative medal business;
3. Broadcasting rights business;
4. Selling housing sites, etc.;
4-2. Selling tickets to the Games and cultural and art events related to the Games;
5. Other Games-related businesses prescribed by Presidential Decree.
(2) The Organizing Committee may grant some of the funds raised from profit-making business to other Games-related institutions, corporations, or organizations, as prescribed by Presidential Decree.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 13 (Issuance of Sports Promotion Betting Tickets in Increased Quantity)
(1) In order to meet expenses to be incurred in preparing and operating the Games, the Organizing Committee may request the president of the Korea Sports Promotion Foundation (hereinafter referred to as 'president') to issue sports promotion betting tickets pursuant to Article 24 of the National Sports Promotion Act in increased quantity. In such cases, the total quantity of sales adjusted or recommended by the National Gaming Control Commission prescribed in Article 5 of the National Gambling Control Commission Act shall not apply to the sales from issuing tickets in increased quantity.
(2) The president shall allocate profits from sports promotion betting tickets issued in increased quantity under paragraph (1) to the Organizing Committee in each quarter.
(3) Matters necessary for the issuance of sports promotion betting tickets in increased quantity, allocation of profits, etc. prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 14 (Sale of Commemorative Banknotes)
(1) In order to cover the expenses to be incurred in preparing and operating the Games, the Organizing Committee may request the Bank of Korea to issue commemorative banknotes. <Amended by Act No. 14198, May 29, 2016>
(2) The Organizing Committee may exclusively acquire commemorative banknotes issued under paragraph (1). <Amended by Act No. 14198, May 29, 2016>
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 15 (Issuance of Commemorative Stamps, etc.)
The Organizing Committee may request the Minister of Science and ICT to issue commemorative stamps or postcards to publicize and commemorate the Games. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 16 (Business of Selling Housing Sites, etc.)
In order to use housing sites for lodgings of athletes, executives and press corps for the Games, the Organizing Committee may request the implementers of housing site development projects prescribed in Article 7 of the Housing Site Development Promotion Act to implement necessary projects.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 17 (Service Charges, etc.)
In performing duties for the Games and other Games-relate projects, the Organizing Committee may collect service charges or usage fees, as prescribed by Presidential Decree, in any of the following cases:
1. Where it allows the use of Games-related facilities or articles managed by it;
2. Where it provides services to individuals, corporations or organizations;
3. Other cases prescribed by Presidential Decree.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 18 (Profit-Making Business Department)
The Organizing Committee may establish a department to take full charge of the profit-making business prescribed in Article 12.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 19 (Request, etc. for Dispatch of Public Officials, etc.)
(1) Where the Organizing Committee deems it necessary for performing its duties, it may request relevant administrative agencies, local governments, Games-related corporations or organizations to dispatch public officials prescribed in Article 2 (2) of the State Public Officials Act and Article 2 of the Local Public Officials Act, or their executives and employees with the approval of the Minister of Culture, Sports and Tourism.
(2) Where the Organizing Committee requests the dispatch of public officials or executives and employees of corporations or organizations as prescribed in paragraph (1), the heads of the relevant administrative agencies, corporations or organizations shall select and dispatch persons appropriate for performing their duties in the absence of justifiable reasons to the contrary, and where they intend to recall such dispatch during the period of dispatch, they shall consult in advance with the Organizing Committee.
(3) The heads of the relevant administrative agencies, corporations or organizations that dispatch public officials, or their executives and employees as prescribed in paragraph (2) shall not treat dispatched persons unfavorably in relation to their advancement, change of position, education, rewards, welfare, etc.
(4) Where dispatched public officials, or executives and employees of corporations or organizations are found inappropriate to perform their duties, the Organizing Committee may request the relevant administrative agencies, corporations or organizations that have dispatched such public officials, or executives and employees to recall dispatch.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 20 (Requests for Provision of Data)
(1) The Organizing Committee may request relevant administrative agencies, public institutions, educational institutions, research organizations, etc. to provide data, such as Games-related investigation reports and research papers.
(2) The heads of agencies, institutions or organizations upon receipt of requests prescribed in paragraph (1) shall comply with such requests in the absence of justifiable reasons to the contrary.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 21 (Approval of Budget Bills, etc.)
The Organizing Committee shall prepare a business plan and a budget bill for the following year and obtain approval from the Minister of Culture, Sports and Tourism by not later than one month before the beginning of the following year. The same shall apply to any modification thereto.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 22 (Statements of Accounts, etc.)
The Organizing Committee shall submit a statement of revenue and expenditure for each fiscal year to the Minister of Culture, Sports and Tourism, along with the business track record for the relevant year by not later than the end of March of the following year.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 23 (Devolvement of Residual Property)
Where the Organizing Committee dissolves, Article 13 of the Act on the Establishment and Operation of Public Interest Corporations shall apply mutatis mutandis to the devolvement of residual property.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 24 (Prohibition on Use of Similar Titles)
No entity, other than the Organizing Committee, shall use the title 'the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games' or a similar one. <Amended by Act No. 14198, May 29, 2016>
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 25 (Use of Games Insignias, etc.)
Those who intend to use Games-related symbols, etc. prescribed by Presidential Decree, such as insignias and mascots designated by the Organizing Committee shall obtain approval from the Organizing Committee in advance: Provided, That this shall not apply if they use such symbols, as prescribed by Presidential Decree.
[This Article remains in force through Mar. 31, 2019 pursuant to Article 2 of Addenda to Act No. 11226, Jan. 26, 2012]
Article 25-2 (Prohibition of Illegal Sale of Tickets)
Except for the Organizing Committee and anyone entrusted by the Organizing Committee with the task of selling tickets to the Games, no one shall sell tickets to the Games issued by the Organizing Committee, repeatedly or as a regular business, to others at a higher price than he/she paid.
[This Article Newly Inserted by Act No. 14423, Dec. 20, 2016]
CHAPTER III GAMES SUPPORT COMMITTEE
Article 26 (Games Support Committee)
(1) A Support Committee for the 2018 PyeongChang Olympic and Paralympic Winter Games (hereinafter referred to as the 'Support Committee') shall be established under the Prime Minister in order to deliberate on and coordinate major policies relating to the Games. <Amended by Act No. 14198, May 29, 2016>
(2) The Support Committee shall consist of up to 30 members, including the Prime Minister as a chairperson, the Minister of Strategy and Finance, the Minister of Education, and the Minister of Culture, Sports and Tourism as vice chairpersons, and each of the following persons as a member: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. The Minister of Science and ICT;
1-2. Deleted; <by Act No. 12844, Nov. 19, 2014>
2. The Minister of Foreign Affairs;
3. The Minister of Unification;
4. The Minister of Justice;
5. The Minister of National Defense;
6. The Minister of the Interior and Safety;
7. The Minister