1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is the Authority established pursuant to the National Sports Promotion Act for the creation, operation, and management of the National Sports Promotion Fund.

The Defendant is operating “D” located in the Yancheon-si, a membership golf course (hereinafter “instant golf course”).

Article 20 (Creation of Fund) (1) The National Sports Promotion Account shall be created with the following financial resources, and the gaming industry addiction prevention and healing account shall be governed by Article 14-4 (f) of the National Committee on the Integrated Control of Speculative Industries:

3. Article 23 (Collection of Surcharges) (1) Where an account management agency intends to collect surcharges under Article 20 (1) 3, it shall obtain prior approval from the Minister of Culture, Sports and Tourism.

(2) No amount of surcharge referred to in paragraph (1) shall exceed 1/10 of an admission fee to a golf course.

(3) The account management agency shall, upon obtaining approval under paragraph (1), notify the operator of the relevant golf course as to the details of such approval, and such operator of the relevant golf course in receipt of such notification shall collect surcharges under paragraph (1) from the relevant golf course users and pay them to the account

B. The contents of the National Sports Promotion Act relating to the instant case are as follows:

C. The Plaintiff, as an account management institution managing and operating the National Sports Promotion Account pursuant to Article 19(3) of the National Sports Promotion Act, submitted to the Minister of Culture, Sports and Tourism an application for approval of each surcharge business to “a person who bears an admission fee to use the membership golf course facilities” in 2018 and 2019, and obtained approval from the Minister of Culture and Sports.

On December 27, 2019, the Constitutional Court accepted the proposal for adjudication on the unconstitutionality of Article 20 (1) 3 of the National Sports Promotion Act (hereinafter “instant legal provision”) as the Constitutional Court rendered by 2017Hun-Ga21 on December 27, 2019 and rendered a decision that the instant legal provision is unconstitutional.