Sports industry usually classifies into business of sport equipment, business of sport facilities, business of sport services. Administrative regulation system on business of sport facilities has been operated mainly by provisions of the Act on Establishment and Use of Sport Facilities. The third chapter of the Act rules the registration and report system in the category of business of sport facilities. In the cases of bowling alley business, tennis court business, aerobic business, problem of safety supervision is not serious and danger against human body is not relatively significant to teenagers. I think it is necessary to reduce businessman's burden by way of the conversion of those businesses into the free ones which are out of application of administrative regulation. Administrative regulation and control are needed in the case of business of bungee jumping, business of climbing of artificial rockwall, business of X-sports operation, because it is indispensable to meet the necessity of high safety level of facilities, physical director's arrangement and compulsion of insurance. The provisions of article 12 and 13 rules the approval system of operation plan in sport facilities. In spite of the positive function of it, some parts of needed
improvement can be found out. Under the regulation type of negative system, it is not easy to prescribe, in the Presidential Decree, the all the slight alteration items which require no more approval of alteration of operation plan. So, I propose to adopt the regulation type of positive system, to prescribe all the important items which require approval of alteration of operation plan. When businessman of sport facilities or businessman who gained approval of operation plan start invitation of sport members, he shall beforehand submit a plan paper of invitation, and he keep necessary observance to the provisions of Presidential Decree for protection of member's right and interests, which is mandate, legislation by delegation. It is very desirable to directly prescribe the related provision of articles for the protection of member's right and interests in the act which is made by the National Assembly. There is no administrative sanction that secures effectiveness in the observance items abided by the businessman, a new sanction plan, as a relatively light negligence fine or suspension disposal of business is required to keep the businessman observative to the rules When a businessman gains the approval of operation plan of business of sport facilities in accordance with the provision of article 31, he is regarded as gained admissions and permissions involved by related laws. This article is a thing to let him get the position as if he gained all the admissions and permissions of operation plan for business of sport facilities, by way of solving complex civil appeal together through the conference system between the approval organ and involved organs, for the purpose of businessman's convenience. It is needed to express clearly additional rule of observation of conference standard, which is applied to when the approval organ
receives an application for the approval of operation plan of the business. The provision of article 35 prescribe regulation in connection with cancellation of registration, closing of business, suspension disposal of business as disposals of disadvantage by law. The provisions of General Disposal Test of Asterisk 8 of The Enforcement Regulations promulgated by the prime minster, which is a legislation by delegation of legal power under the Act, prescribes the improvement order rule. When a businessman who violated against the law once, do not take a measure of withdrawal action of the violation during the latest 1 year, according to the order taken by the administrative organ for the improvement of violation, he shall be regarded as violated twice against the law. The provision of General Disposal Test of Asterisk 8 contains independent legislation item of rule which should be prescribed expressly in the Act. Therefore, the rule of improvement order to withdraw action of violation should be prescribed in the Act.