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미국 프로농구 선수협회의 선수대리인 관리 규정에 관한 소고
위길복 ( Kil Bok Wi ),범경철 ( Kyung Chul Beom ) 홍익대학교 법학연구소 2018 홍익법학 Vol.19 No.3
Recently, Korean professional baseball has enacted the regulations of the player agents, and now there are 126 players' agents. Although the scope of the agent's work is still limited to negotiating for player salary contracts, and the application for salary arbitration of KBO regulations, professional baseball is also expected to develop its related industry. Such a player agent system is in line with the purpose of the Sports Industry Promotion Act to promote the sports industry. However, in the case of professional basketball, the player agent system has not yet been implemented. Players will be able to protect their rights and focus more on their workouts through the player agent system so that they can show higher levels of competition. Therefore, professional basketball also needs to implement a player agent system for domestic players. Korean professional basketball has been influenced by National Basketball Association. National Basketball Player Association certifies and manages player agents through NBPA regulations of governing player agents. There are also cases where players who do not know the rules of free agent management because they do not have an athlete association for domestic professional basketball players and do not have an athlete agent make unfair contracts. Since professional athletes are not recognized as employees and the athlete association is not recognized as a trade union in Korea, professional basketball athletes should start a professional athlete association by organizing a professional athlete association as a professional baseball. It is not possible to adopt entire NBPA regulations of governing player agents, but it will be possible to apply them. ① It is necessary for the agent of the athlete to determine the possible work area. NBPA regulations of governing player agents clearly explain the scope of work because they are illustrative of the tasks that the player agents can perform. ② Set the upper limit of the fee for the player agents. US major league players agents regulations did not set a ceiling on commission agent fees, but NBPA regulations of governing player agents set a ceiling on commission fees. Since the players are not accustomed to the player agent system and negotiation power is low, the upper limit of the fee should be set. ③ It is necessary to prevent the unauthorized party or person from negotiating with the team. It can be done in the form of a consent of the all teams, not a collective bargaining agreement like the United States, or by putting the content into the protocol of KBL. ④ The reason for disqualification or disciplinary reasons for the agent shall be clearly defined. NBPA regulations of governing player agents specify and list specific reasons for disqualification and grounds for discipline. In order to operate the system smoothly, it seems necessary to present concrete and clear standards. ⑤ It is necessary to review whether to introduce arbitration as a dispute resolution method. In the case of US professional basketball, arbitration is indirectly imposed as a exclusive means of dispute resolution, and it must decide whether to adopt it or other dispute resolution methods, and how to select an arbitrator.
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