The Challenges of Sub-Laws Legislation for the Enforcement of the School Sports Promotion Act in Korea

Abstract

This paper focuses on the implication and the challenges in the enactment of the School Physical Education Promotion Act, which was passed by the National Assembly on December 30, 2011, promulgated on January 21st of this year, and planned to be enforced on January 27, 2013. The physical deterioration in the youths has become a serious social phenomenon, due to the nation's test-centered education. Also, the student athletes’ guaranteed rights for learning and human rights have been demanded. Therefore, the School Physical Education Promotion Acthas been enacted in order to normalize the school physical education and to develop health and balanced body and mind in students. Future challenges, such as 1) enactment of right sub-regulation (enforcement ordinance, enforcement regulations, and ordinance), 2)the guarantee of student athletes' rights for learning and human rights which include minimum education, 3) The guaranteed rights and quality recognition of the person in charge of the school sports (athletic director of the school, and sports trainer), 4) financing for normalization of school physical education, 5) proper organization and operation of School Physical Education Promotion Committee, 6) organization and operation of School Physical Education Promotion Committee, 7) strengthening the school administration in physical education, and 8) the prevention of possible future threats in facility and expansion of the facility are also presented. The most important challenge, from this point on, is to mandate the matters in this act andthe enactment of the sub-regulation to be enforced such as enforcement ordinance, enforcement regulations, and ordinances, within a year of preparation period before the law takes its effect.