스포츠 법의 현황과 과제

• 영문명: Present Status of Sports Law in Korea and its Assignment
• 발행기관: 중앙대학교 법학연구원
• 저자명: 장재옥(Chang Jae-Ok)
• 간행물 정보: 『법학논문집』法學論文集 第30輯 第1號, 95~135쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.08.30

영문 초록

  I would like to report three points on the Korean sports law in this paper. First, it is on the current legal system of sports in Korea. Second, law cases are interesting to understand the trend of sports law. Third, the introduction of researches on Korean sports law is my concern.
  Sport Law is related with the sports or sports industry implicated in the various fields of law. Generally, we classify the sports law into two categories: the sport national laws and the sports autonomy enactments. The latter is like sport rule, the engagement between participants or the spirit of sports.
  I initiate to report, hereby, the sport national law. The Korean Law for Promotion of People"s Physical Education (No.7630) has many defaults. In other words, the law has some drawbacks in such a basic law as the sound spiritual development and the promotion of sports. Recently(on 3rd of May, 2005), the lawmakers propose the Bill of Sports Industrial Promotion Law in the Assembly of Korea. The law is pending in the course of its decision. The law has a crucial meaning in order to establish the development organization as well as educate the professionals in sports industry areas. The Bill of Leisure Sports Promotion Fundamental Law was also proposed on 20th of October in 2005. The law focuses on the basement of law so that citizen can enjoy their sound cultural lives in leisure. This law targets for the operation of fund in order to develop the leisure sports by the local government, for the standard of safety on the leisure sports facilities, and for the support to develop in the field of the leisure sports.
  The main assignments, however, is the enactment of Sports Fundamental Law. The purpose of the Sports Fundamental Law must focus on the guarantee of citizen right in sports. The law should include the whole boundary of sports based on the corporation ranging from person and group to local government. The law should have some traits to present the national direction in sports complementing its drawbacks and organizing the law system related to sports.
  Concerning with the report of case trends, recently the cases on sports have been increased in Korea. Some traits related to the case of civil law are largely on the case of contract law. For example, the case on the golf club membership is dominated, and other cases are followed: exclusive contract of sports player, cases on the drafts, conflict of breach of contract in transferring the sports teams. Cases of torts are mainly on the custody or supervising on players, the employer"s liability, and the liability of sports facilities.
  In Korea, the researches on the sports law have been studied since the establishment of the Korean Association of Sports Law in 1999. As a result, the 16th academic seminar has been held, and the academic activities have been evaluated by a lot of scholars and lawyers who concern with the field of sports law. The 8th edition of the “Journal of Sports and Law” has been published by this academic association. This association enrolled in the Incorporation in June 2005 which has contributed to the systematic law structure as well as the enhancement of academic relationship.
  Futhermore, I suggest that we should need more researches on sports autonomy as well as enhance the relationship among the participants in sports area.

목차

Ⅰ. 머리말
Ⅱ. 스포츠관련 현행 법률의 현황
Ⅲ. 스포츠 관련 판례의 현황
Ⅳ. 스포츠법학의 연구 현황
Ⅴ. 맺음말
〈Abstrac〉

키워드

스포츠(Sport) 스포츠법(Sport Law) 스포츠산업진흥법(Sports Industrial Promotion Law) 레저스포츠진흥기본법(Leisure Sports Promotion Fundamental Law) 스포츠법학회(Korean Association of Sports Law)