Busan Metropolitan City Ordinance on the Management and Operation of the Busan Sports Center
- Article 1 (Purpose)
- The purpose of this Ordinance is to prescribe the matters necessary to manage and operate the Busan Metropolitan City Sports Center including the Busan International World Championships in Athletics Memorial Hall.
- Article 2 (Location and Classification of Facilities)(1) The Busan Metropolitan City Sports Center (hereinafter referred to as the “sports center”) be located at san 88-1 Sajik-dong Dongregu Busan Metropolitan City.
- (2) The facilities of the sports center shall be classified into the Busan International World Championships in Athletics Memorial Hall (hereinafter referred to as the “hall”), the training center and the fitness center (hereinafter referred to as the “training center, etc.”), and the office and its appurtenant facilities (hereinafter referred to as the “office, etc.”).
- Article 3 (Business)
- The Center shall conduct the following businesses:
- 1. A business for the development of professional sports and practical sports;
- 2. A business for the exhibition of commemorative documents and public relations of the Busan International Games such as the 2002 Busan Asian Games, the 2002 FIFA World Cup, and the 2002 Far-East and South Pacific Games for the Disabled, etc.; and
- 3. Other businesses regarding the operation of facilities such as the training center, etc.
- Article 4 (Closing Days, etc.)(1) The hall and the training center, etc. may be opened everyday except for any day falling under following subparagraphs:
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- 1. January 1;
- 2. Lunar New Year’s Day and Chuseok; and
- 3. Monday (Provided, That in case that Monday falls in with the national holiday, Tuesday shall be considered as a closing day.
- (2) The opening hour of the hall shall be from 9:00 a.m. to 6:00 p.m. and the using hour of the training center, etc. shall be from 6:00 a.m. to 10:00 p.m.
- (3) The Mayor of Busan Metropolitan City (hereafter referred to as the “Mayor”) may adjust the closing days or opening and using hours, if necessary for the efficient management of the sports center, notwithstanding paragraph (1) and (2).
- (4) In case of adjusting closing days or opening and using hours under paragraph (3), the Mayor shall publish it on the Internet homepage of Busan Metropolitan City (hereafter referred to as the “City”), etc.
- Article 5 (Use Permission of Office, etc.)
- A person who intends to use the office, etc. shall obtain the permission of the Mayor.
- Article 6 (Admission Fees, etc.)(1) A person who intends to observe the hall or to use the training center, etc. shall pay the admission fees or use fees under the attached Table 1.
- (2) A person who obtains the use permission of the office, etc shall pay the use fees under Article 22 of the Public Property and Commodity Management Act.
- Article 7 (Exemption of Fees, etc)
- The Mayor may exempt the fees in a case falling under any
of the following subparagraphs:
- 1. Children less than six years old and the aged more than 65 years old;
- 2. Disabled citizens registered under Welfare of Disabled Persons Act (including and one guardian who accompanies in case of 1 to 3 degree disabled persons);
- 3. A person of distinguished services to the State, his/her bereaved family members or his/her family members under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State;
- 4. A person of distinguished service to the national independence, their bereaved family members or family members under the Act on the Honorable Treatment of Persons of Distinguished Services to Independence;
- 5. A war veteran under the Act on the Honorable Treatment of War Veterans, etc;
- 6. A person of distinguished services to the 5ㆍ18 democratization movement, their bereaved family members or family members under the Act on the Honorable Treatment of Persons of Distinguished Services to the 5ㆍ18 Democratization Movement;
- 7. A person engaged in special military mission, their bereaved family members or family members under the Act on Assistance to the Persons engaged in Special Military Mission; and
- 8. A person belonging to a family with many children under the Busan Metropolitan City Ordinance of the Low Birth Rate Measure and Birth Encouragement Support.
- (2) The Mayor may exempt the use fees of the sports center in any case falling under following
subparagraphs: Provided, that the Mayor may collect the use fees such as electricity, water and
sewage, and city gas, etc. from a person who uses the office, etc.:
- 1. In a case where the State or local governments use the sports center;
- 2. In a case where the Busan Metropolitan City Sports Council and the associate competitive sports organization use the office, etc.; or
- 3. In a case where the athletes who are registered at the Busan Metropolitan City Sports Council use the training center, etc. for training or education.
- Article 8 (Refund of the Fees)(1) The Mayor shall refund the all or the part of the fees in case that a person who intends to use the training center, etc. falls under any of the following subparagraphs:
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- 1. In a case where a person who intends to use the training center at the sports center requests for refunds before using it; or
- 2. In a case where a person who intends to use the fitness center falls under any of the following
items:
- a. In a case where it is difficult to use due to the City’s events;
- b. In a case where the users request for refunds due to the users’ circumstances; or
- c. In a case where it is difficult to use due to natural disaster or other irresistible force.
- (2) The refund standard of use fees under paragraph (1) shall be as specified in the attached Table 2.
- Article 9 (Refund of the Fees)(1) The Mayor may have the trustee make a necessary report on entrusted affairs or have a relevant public official investigate or inspect the management and operation status of facilities, the books, and etc. in a case where the management and operation of facilities is entrusted under Article 8 (1).
- (2) If the Mayor deems that there are matters which shall be corrected, after receipt of a report or the results of investigation or inspection under the paragraph (1), he/she shall order the trustee to correct them or to take other necessary
- Article 9 (Open of the Training Center)
- The Mayor may open the training center for local residents’ use without disrupting the operation of the sports center.
- Article 10 (Entrustment of Management and Operation)(1) The Mayor may entrust the management and operation to a nonprofit corporation and organization related to athletics or a public corporation established by the City under the Local Public Enterprises Act for the efficient management and operation of the sports center.
- (2) If the Mayor wishes to entrust the management and operation of the sports center under paragraph (1) and (2), the Mayor shall make an agreement with the person who is entrusted (hereinafter referred to as the “trustee”) and the term of entrustment shall be five years.
- (3) In a case where the Mayor entrust the management and operation under paragraph (1), admission fees, use fees, and other operational revenues, etc. shall be used to make up operational expenses: Provided, that the Mayor may subsidize the deficient operational expenses within the limits of budget when the trustee has difficulty in making up operational expenses with admission fees, etc.
- Article 11 (Obligations of the Trustee)(1) The trustee shall, with the care of good manager, manage and operate the sports center.
- (2) The trustee shall neither transfer nor sublease any right related to the management and operation of the facility without the approval of the Mayor.
- Article 12 (Guidance and Supervision)(1) The Mayor may have the trustee make a necessary report on entrusted affairs or have a relevant public official investigate or inspect the management and operation status of the facility, the books, and etc. in a case where the management and operation of the facility is entrusted under Article 10 (1).
- (2) If the Mayor deems that there are matters which shall be corrected, after receipt of a report or the results of investigation or inspection under paragraph (1), he/she shall order the trustee to correct them or to take other necessary measures.
- Article 13 (Termination of the Entrustment Contract)(1) In any case falling under any of the following subparagraphs, the Mayor may terminate the entrustment contract:
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- 1. In a case where the trustee violates the related Act and subordinate statute or this Ordinance;
- 2. In a case where the trustee violates the entrustment contract; or
- 3. In other cases where the trustee is unable to operate the sports center due to causes attributable to him/her.
- Article 14 (Hearing)
- The Mayor shall hold a hearing if he/she intends to terminate an entrustment contract under Article 13.
