Entering the super-aged society, one of South Korea’s most challenging issues are in healthcare and elderly care. Unlike the younger or middle-aged populations, the elderly require periodic management in chronic diseases. However, along with the aging leading to increased healthcare costs, sharp decline in birth rates is reducing the working population which affects the health insurance fee. This incident raises concerns about the difficulty of accessing medical services. One solution to this problem is maintaining a healthy lifestyle through sports, and recently, not only local governments but also nursing facilities are expanding leisure programs through sports. The problem arises as the activation of sports inevitably increases the likelihood of accidents. Nonetheless, it is not advisable to restrict sports activities due to the fear of accidents. Therefore it's crucial to clarify the responsibility and duty of care to sports instructors and facilities. This article discusses the legal responsibilities of facilities or instructors in the event of an accident during sports activities for the elderly. For instructors or facilities to be held liable under contract law or tort law when an elderly person is injured during sports activities, there must be a breach of the duty of care. However, it's important to note that the inherent risk of sports is part of the activity itself. In the actual sports field, despite careful attention to accident prevention, inevitable accidents can occur. Therefore legality is negated for risks that are in generally accepted degree within the sport. In addition, liability under contract or tort law is difficult to establish with only minor negligence. Responsibility should only be acknowledged for severe negligence or reckless behavior. Additionally, to mitigate this, it's necessary to develop elderly-specific sports programs using big data, tailored to the information society, to prevent accidents as much as possible.