体育领域知识产权保护问题的研究

申立 한국스포츠엔터테인먼트법학회 2009 스포츠와 법 Vol.12 No.4

With the development of times and the awareness of the value of sports products, intellectual property protection in sports has drawn increasing attention. This paper mainly focuses on the topic on the protection of interllectual property in sports with the method of literature and data analysis, logical reasoning, expert interview and case analysis. By analysing the nature and characteristics of interllecture property and the intellectual achievements in sports, the writer holds the idea that there does not exist independent intellectual property in sports. The so called intellectual property in sports is a concrete manifestation of a variety of intellectual property in the field of sports.It has no difference from the others except for the sports elements in its subject or object.Such intangible objects as sign, name, emblem, trademark and the issue of advertisement, etc. mainly protected by the interllecture property in sports area can be roughly catergorized as follows: (1) Those protected by the Copyright Law such as sports works, papers, contest programs for large scale sports meet, design chart and the construction works for stadium and gymnasium, etc. (2) Those protected by the Patent Laws such as sports equipment or apparatus. (3)Those protected by the Trademark Law such as different kinds of signs for large scale sports games, logos forvarious sports clubs, trademarks for types of sports goods. Not all human interllectural achievements can be the object of Interllecture Property. The interllectual achievements such as tactics in sports games and sports events should not be the object of protection by the Intellectual Property Law. 随着时代的发展和体育产品价值的展现,体育领域知识产权保护问题越来越引起人们的重视。本文运用文献资料法、逻辑推理法、专家访问法、案例分析法,对体育领域知识产权保护问题进行研究。通过对知识产权的性质、特征的分析,仔细研究体育领域中智力成果的特征。认为:体育领域中不存在独立的体育知识产权,所谓体育知识产权是各种知识产权在体育运动领域的具体体现,除了它的主体或客体要具有体育的原素外,与一般知识产权并无不同;体育领域中受知识产权保护多集中在标志、名称、徽记、商标、广告发布等无形客体中,大致有如下几类:(1)受著作权法保护的有体育著作、论文、大型运动会的竞赛计划、体育场馆的设计图、体育场馆的建筑作品等。(2)受专利法保护的有运动器材、仪器设备等。(3)受商标法保护的有各类大型体育竞赛运动会的标志、各类体育俱乐部的徽标、各类体育用品的商标等;人类一切智力成果不是都能成为知识产权保护客体的,体育竞赛中的技战术,体育比赛项目等智力成果不应成为知识产权的保护客体。

지역사회복지 프로그램으로서의 생활체육 스포츠 아웃도어 활성화 방안

김준수,문황운 대한체육학회 2020 대한스포츠융합학회지 (jcses) Vol.18 No.1

In general, Life Sports, contribute to enhance the quality of loving by realizing various activities in our daily lives it is closely related th the well-being of a nation. This s tudy takes L ife Sport activities of the local residents as a positive and awarding welfare project that would satisfy the aim of the local welfare in daily lives of local people. so, it review the current status of and the way to activate Life Sport Program on the policy level, that would bring a number of effects with the financial investment relatively smaller than other welfare projects led by the local government. Foe the theoretical perspective that draws a logical orientation, this study explains theoretical and practical foundation, on which the necessity for the local social welfare is based, and reviews on operating organization, facilities, participation status, leadership status, program management of the self-governing bodies. Finally, on the basis of that, the study sets forth the proposal accordingly as below. First point requires the reorganization of the management system to make Life Sport routine activities for the local residents. Foe this, programs should be designed for the participation of various age groups at all social status, by pursuing changes in the system. Then, there should be a close connection along facilities, so that recipients may have an easy access to them. in addition, systematic management on Life Sport leaders need to be implemented such that it would guaranty continuous and systematic operation of Life Sport for the local residents. Financial support by the local government is another important resource that is required. Second is a support for the native organizations for Life Sport. While residents may join Life Sport on the individual level, it is more effective to operate in the for of clubs or associations. thus, there should be a min. Financial support for the expenses incurred by such organizations specialized in Life Sport. What needs more is the expansion of existing facilities, so as to be freely used by each club or association. Volunteer system is also in demand for those leaders who can supply systematic instruction for Life Sport. The system that allows people with an easy access to the required information is also highly desirable. Third, there should be a coordination system between governmental and private sector. Finally, it is one of the urgent matter for the government and The National Council of Sport for All to establish a system for the national Life Sport in accordance with the current circumstances and the of the nation and national character, specially in context where the nation will adopts the implementation of 5 working days in the very near future. In order to maintain the public health pursuant to the coming of information-knowledge based society, there should be a sympathy and sentiment to be formed on the perspective of individual, society, and institution, based on which appropriate system must be sought.

사회체육 연구 주제어 트렌드의 의미연결망 분석

김경식 한국사회체육학회 2019 한국사회체육학회지 Vol.0 No.77

Purpose: The purpose of this study is to analyze the changes in the mainstream trends of sport for all research and to identify trends in research of sport for all codnucted up to now. In this study, research pro-b lems were set up as follows: First, what are the trends in the key words of top-level of sport for all? Second, how do trends in the key words of research of sport for all appear? Method: The study searched journal papers for DbPia and Korean academic information (kiss) sites to identify research trends in sport for all. Specifically, Focusnig on three key words sport for all, life physica l education, and life sports, one of these three key words incluedd in the title of the paper were chosen as th e subjects. Data analysis was done using NetMiner program technique. Specifically, frequency analysis was conducted to investigate the change of major key words by year, adn centrality analysis was conducted to clarify the intellectual structure of sport for all research. Result: First, there was no significant change in trends at the top. In other words, sport, satisfaction, leisure, program, life, students, school, exercise, health, etc. pairedk ey words in the top were sport-satisfaction, lifesatisfaction, sport-life, leisure-sport, leisure-satisfaction, and so on. Second, the main subjects of sport for a ll research which had been studied from 2000 to 2018 were sport, astisfaction, leisure, life, student, exercise , school, education, job, health, and stress. The main theme of sport for all research which appeared more than 20 times consisted of 1st group based on exercise, 2nd groups based on sport, 3th groups based on student, and 4th groups based on satisfaction. Conclusion: For the past two decades, research of sport for all have not changed much, and it was mainly to verify the effect of sports participation in social psychology.

인문,사회과학편 : 매니지먼트 관점의 스포츠 이벤트 분류체계 도출을 위한 탐색적 연구

권기성(KiSungKwon),김대원(DaeWonKim),김진우(JinWooKim),오자왕(JaWangOh),강준호(JoonHoKang),오태연(TaeYeonOh) 한국체육학회 2015 한국체육학회지 Vol.54 No.3

The sport event is recognized one of core products among diverse products in the sport industry, but there is lacking of systematic understanding. Sport event categorization system can be starting point to understand sport event systematically. With these background, the purpose of this study is to provide criteria in the management perspective as preceding research for establishing sports event knowledge system. This study conducted literature investigation, focus group interview, and observation as qualitative method. For the results, this study provides sports event criteria by classifying into major criteria and minor criteria. Fundamentally, this study categorizes sport events based on major criteria and apply minor criteria for considering the feature of specific sport events as type of plug-in format. The major criteria composed of organization level, hosting form and type of sporting facility, and there are weather, equipment, environment control and the characteristics of other sports. To conclude, the derived sports event criteria in the management perspective from our findings can contribute to establish sport events related to knowledge system as preceding research.

한국 스포츠문화의 지향점과 선진화 대안 찾기

김영갑(YoungKabKim) 한국체육학회 2015 한국체육학회지 Vol.54 No.1

This study is to examine the current situation of Korean sports culture and seek its pointing spot and alternatives to its advancement. First, out of the current situation of Korean sports culture, that of school physical education, even though it is the most significant basis for sports culture, is riddled with so many contradictions that the pace of its change is very slow. Only when the elite sport is normally operated and well coordinated, can it have the value of existence as a stable field. The mass sports have been determined to have insufficient self-reliance of sport facilities, sport programs and instructor management since the national policy for physical education has been focused on the elite sports. Second, internalization of “Winning First Policy” as a pointing spot of sports culture has been found to be an production of the value system with not only a very passive tendency caused by political changes. Accordingly, the concept of sports-culturism has been introduced as a new pointing spot of sports culture and then it has been emphasized that the sports-culturism is the awareness of sports advancement. Third, in terms of finding any alternatives to sports culture, enacting a school physical education promotion law has a very significant meaning as its advancement method. Next, the immorality of and match-fixing by sport organizations and the umpire’s bad call have been mentioned as major problems to the elite sport, and also the alternative to each field has been set. Last, it has been assented with emphasis that Law of Sports for All should be enacted for the public sports to have any significance of the times.

스포츠실천의 진보: 상생과 소통

김동규,구강본 한국체육철학회 2009 움직임의철학 : 한국체육철학회지 Vol.17 No.1

The purpose of this study is to find the way for advancement of sport practice by exploring mass sport, elite sport and their comprehensive perspective. This attempt is under the premise that sport aim for harmony between universality called the 'advancement of humankind' and individuality called 'balanced development of mass and elite sport.' In order to examine the progressive characteristic of mass and elite sport, characteristics of modern society were first provided as a method of considering social context. In addition, principles of entertainment, freedom, private-oriented management and self supplied expenses were defined as prerequisites for progress of mass sport. Recovery of academism, establishment of ethics, balance between regions and communication between amateur and professional sport were suggested as prerequisites of elite sport. Based on such results, the following practical methods for progress of sport practice were deduced. First, universality of terminology must be settled. Second, win-win communication between mass and elite sport is necessary. Third, all members of the society must place efforts for resocialization of sport athletes. As such, while progress of sport is a pursuit of reformative changes, it also requires a long-term process with time. In conclusion, the author of this study attempted to provide partial and segmented standpoint together with a unified and comprehensive standpoint. Moreover, according to the results, strong will for practice is more important than anything else. 이 연구는 스포츠의 실천문제를 상생과 소통이라고 하는 맥락에서 대중스포츠와 엘리트스포츠, 그리고 이의 종합적인 관점에 대한 새로운 모색을 통해 진보의 길을 탐색하는데 목적이 있다. 이는 스포츠가 ‘인류의 진보’라고 하는 보편성과 ‘대중스포츠와 엘리트스포츠의 균형발전’이라고 하는 개별성과의 조화를 도모한다는 전제 하에서 시도된 것이다. 대중스포츠와 엘리트스포츠의 진보적 성격을 규명하기 위한 첫 단계로서 현대사회의 스포츠특성을 사회맥락적 차원에서 제시하였다. 또한 대중스포츠의 진보를 위한 전제조건으로서 유희성과 자율성, 민간주도형 운영, 경비 자부담 원칙 등이 제시되었고, 엘리트스포츠의 진보를 위한 전제조건으로서 아카데미즘의 회복과 윤리성의 구축, 지역 간 균형, 아마추어와 프로스포츠의 소통 등이 논의되었다. 이러한 결과를 바탕으로 스포츠실천의 종합적인 진보절차로서 용어의 보편성 정립, 대중스포츠와 엘리트스포츠의 상생적 소통, 운동선수의 재사회화를 위한 제도적 장치구축 등이 제시되었다. 스포츠의 진보는 개혁적인 변화의 추구이기도 하지만, 시간이 필요한 장기적인 과정이 요구되기도 한다. 이 연구에서 논의된 결과들은 강력한 실천적 의지에 의해 수행될 수 있을 것이다.

E-sports Talent Cultivation Research by Incorporating E-Sports into College Physical Education System

( Keqing Sheng ),( Fei Chang ) 한국체육학회 2015 국제스포츠과학 학술대회 Vol.2015 No.1

Purpose: The research aims to explore the feasibility of incorporating e-sports into college physical education from the perspective of college physical education disciplinary construction and program development. The research is conducted in combination with the close linkage between the development of e-sports and industrial economy, the characteristics of the athletes at stage of entrance education and the consideration for constructing college e-sports talents cultivation mode. It is expected that the incorporation of e-sports into college physical education can help achieve a systematic and standard management of e-sports talent cultivation like other traditional sports items, allowing the excellent talents in this field to acquire a national education certificate and enjoy a systematic guarantee over their profession and other interests. Method: Such methods have been adopted in this research as the collection of literature data and network information and the method of comparative study. The research has been provided with a strong theoretical basis by collecting literature data and network information, the papers, thesis and news on the development of e-sports on campus and social needs for talents, as well as the related research findings at home and abroad in the approaches of manual and electronic retrieval. By differentiating e-sports from the traditional sports items and taking reference from the training method of the traditional sports talents in college, the research has made a concentrated consideration on how to construct e-sports talents cultivation mode in college. Result: Judged from the degree of social recognition, e-sports is close to video games in terms of definition. Under the effects of social negative view on video game, e-sports are not receiving a high degree of social recognition. Although it has developed to be a mainstream culture in South Korea, e-sports, as a global cultural phenomenon, needs a recognition from the organizations or institutes with more public trust in world , and a better environment for its development and talent cultivation. In the second place, there are groups of career athletes engaged in e-sports in Europe and America and even some Asian countries. They are basically aged between 16 and 25 and generally have a low education background, due to the lack of corresponding academic programs in universities. As a result, these athletes usually have to suffer from a series of problems at their later job career, like the insufficient school education and professional recognition, difficult occupation transfer and shortage of social system guarantee. In the third place ,Wonderful e-sports games not only require the athletes with consummate skills, and also the professional team managers, sports event organizers and the journalists, especially after South Korea constantly moves e-sports events into exhibition match. For example, e-sports games commentators, besides their great e-sports skill and cultural cultivation, tend to understand the strategic and tactic ideas of the athletes and know how to clearly express the ideas to the audience. Team manager or the journalists can be the profession to be pursued by the athletes after their retirement. In the fourth place, E-sports athletes and related talents are now basically cultivated by club training under the development of industrial economy and their self-growth, without an accurate and scientific cultivation mode and approach to make sure a steady yield of reserve talents. From the perspective of sports discipline, the development of e-sports cannot only limited to technical exchange, but also concerns theoretic research, and the development of the management science and pedagogy. In the fifth place, by taking reference from sports talents cultivation mode in the U.S. and Australia, college e-sports talents cultivation: ①set admission requirement with the criterion of the athletes specialized in sports and select the recruits from social cultivation;②establish an curriculum system combining professional training and academic education by way of "college-enterprise cooperation" for the e-sports athletes and related talents in college, to realize the respective cultivations for e-sports athletes, team management talents and journalism by setting up different specific courses;③absorb e-sports postgraduates, and apply the athletic tactics and strategies of the active and retired athletes into traditional sports items with the help of e-sports software. Conclusion: Firstly, e-sports talents cultivation after the incorporation of e-sports into college physical education system has its social, cultural and educational values. The combination of information technology and sports has endowed e-sports with a positive significance in discipline integration, expanded the scope of traditional sports teaching; and the independent major setup of e-sports has strengthened national and social recognition. Secondly, e-sports talents cultivation after the incorporation of e-sports into college physical education system is a supporting measure for the athletes themselves. The e-sports education in college aims to construct a joint cultivation mode mainly for e-sports athletes and secondly for related management staff, in view of different quality and aptitude of the students and the future development demands of e-sports. In this mode, the excellent e-sports athletes can be provided with the chance for postgraduate education, and the social status of e-sports can be raised by combining together with the traditional sports. Lastly, e-sports talents cultivation by incorporating e-sports into college physical education system is virtually combining e-sports talents social cultivation and college education. College cultivation can guarantee a more accurate career planning for e-sports talents, offer instructive suggestions for both the active and retired athletes, and make them easier to be recognized in profession and education background.

스포츠에 있어서 환경문제에 관한 연구

김상겸 한국스포츠엔터테인먼트법학회 2008 스포츠와 법 Vol.11 No.3

With the beginning of the 21th century, environmental issues became the issue of life itself. Global environmental problems, including acid rain, ozone depletion, yellow sand phenomenon and marine pollution, are now posing a serious threat to human life over vast area and time. The domain of sports is not an exception of environmental problems. Since sports activities and facilities are closely related with environment, sports and environment are unthinkable separately. Sports activities are restrained because of environmental problems, and sports facilities cause environmental pollution. It is sports facilities that mostly cause problems. Sports facilities are getting larger in size and more various regarding their function. At the same time, environmental problems caused by these sports facilities are increasing and getting more serious. There are different types of environmental problems caused by sports activities and facilities, but most of them are soil damage, noise pollution and marine pollution. Many people use their vehicle to reach sports facilities mostly located far away from the city, which causes air pollution. Garbage and waste from sports activities harm the environment and the noise which comes from sports activities disturb the residents in adjacent areas. Environmental problems are often discussed regarding energy issues nowadays, and sports cannot be excluded from environmental problems as well. In Korea, construction of a sports complex or golf field must go through environment evaluation beforehand. However, environmental problems surface in most cases unexpectedly. Therefore, it is hard to prevent the problem completely, although enough pre-evaluation and prevention effort were preceded. In this aspect, general principles of environmental law must be applied to sports law as well. With the application of related environmental law, environmental problems could be overcome more effectively. Environment-friendly sports is a vital way to guarantee the basic right of the future generation and to enhance development in sports. 21세기는 환경의 시대이다. 지구상의 환경오염은 날로 심각해지면서 인간의 삶을 위협하고 있다. 환경오염으로 인한 온난화현상은 지구의 생태계에 혼란을 가져오고 있다. 오존층의 파괴, 산성비의 증가, 황사현상, 해양의 오염으로 인한 해양생태계의 파괴 등 환경오염은 다양하게 발생하면서 시간과 장소를 가리지 않고 있다. 이런 환경오염의 문제는 스포츠영역이라 하여 예외는 아니다. 무엇보다도 스포츠활동이나 스포츠시설은 환경과 깊은 관련이 있기 때문에 스포츠와 환경은 밀접한 관계를 가지고 있다. 스포츠활동은 환경에 많은 영향을 받는다. 그러나 스포츠활동은 환경오염 때문에 지장을 받게 되는 경우이나, 스포츠시설은 오히려 그 시설로 인하여 환경오염을 발생하는 경우이다. 스포츠시설은 대형화되면서 다양화되고 있다. 스포츠시설로 인한 환경오염의 문제는 빈번하게 발생하면서 오염의 정도도 나날이 심해지고 있다. 스포츠시설이나 스포츠활동으로 인하여 발생하는 환경오염의 문제는 그 유형에 따라 달라질 수 있지만, 대체로 자연환경의 훼손이나 소음으로 인한 문제 및 해양오염 등이 주로 나타나게 된다. 스포츠시설을 이용하는 많은 사람들이 도시에서 떨어져 있는 스포츠시설에 가기 위하여 차량을 이용함으로써 대기오염의 문제를 발생시키고, 경기장에서 발생하는 쓰레기, 폐기물 등의 처리문제 등이 있다. 또한 경기로 인한 관중의 소음발생의 문제는 인근 주민들의 평온한 생활을 침해하는 문제가 발생하기도 한다. 에너지와 관련하여 환경문제가 심각하게 논의되고 있는 가운데 스포츠 역시 환경문제를 피해갈 수는 없다. 우리나라는 종합운동장이나 골프장 건설의 경우 환경평가를 받고 건설한다. 그렇지만 환경문제는 예기치 못하게 발생하는 경우가 많기 때문에 충분히 사전평가와 방지를 위한 장치가 마련되었다 하여도 차후 발생하는 것을 완전 차단할 방법은 없다. 그런 점에서 스포츠법에 있어서도 환경법상의 제 원칙이 적용되어야 하고, 이와 함께 관련 환경법의 적용을 통하여 환경문제를 슬기롭게 해결해야 할 것이다. 친환경적 스포츠가 미래세대의 기본권이 환경권을 보장하고 스포츠의 발전을 꾀하는 길이 된다.

스포츠 부정부패의 부패인식이 청렴도와 유발요인 및 행위요인에 미치는 영향

김옥주 한국체육과학회 2022 한국체육과학회지 Vol.31 No.4

The domain of the sports field is continuously increasing in Korea. Korea is powerful sports country that has produced many world-class athletes and strives for the positive role in various domains. However, sports do not only show positive aspects but negative events that undermine the fair play and fairness of sports continue to occur. Corruption such as violence, sexual assault, match fixing, doping, admissions bribery, accounting fraud of sports organizations, and conflicts in the process of selection has ultimately shaken the foundation of sports by lowering trust in sport. Currently, sports corruption is becoming a hot potato. In this regard, it is the time when research is urgently needed to raise the national dignity that has fallen due to sports corruption and enhance the national status. Therefore, this study is significant in developing honest sportsmen. The purpose of this study is to explore corruption perception for sports corruption and examine its effect on integrity, triggering factors, and behavior factors for proper knowledge as a honest sportsman. The final samples were extracted using the convenience sampling of non-probability sampling for sampling of participants and a self-administration method was applied to complete a questionnaire. To practice social distancing and prevent infectious diseases due to COVID-19, a survey was conducted for two months via the on-line survey platform of N company. 300 questionnaires were responded. Unfaithful 14 responses were excluded and finally 286 responses(95.3%) were used for the analysis. The results are as follows. First, corruption perception for sports corruption had a significant effect on integrity. Second, corruption perception for sports corruption had a significant effect on triggering factors. In conclusion, the findings provide theoretical implications that corruption perception for sports corruption plays an important role in integrity, trigging factors, and behavioral factors.

스포츠의 정의(Definition)를 찾아서

신현규 한국체육철학회 2011 움직임의철학 : 한국체육철학회지 Vol.19 No.1

대학에서 스포츠철학 강의의 서두를 장식하는 주제는 거의 모두 ‘스포츠란 무엇인가’에 대한 스포츠의 개념과 정의에 대한 언급이다. 물론 대부분의 스포츠철학 저서들에서도 제1장은 모두 스포츠의 개념과 정의에 대해 설명하고 있다. 그런데 이 스포츠의 개념이나 정의에 대해서 각각 다르게 언급하거나 설명하고 있는 것을 발견할 수 있다. 특히 스포츠의 정의에 대한 언급은 스포츠철학 전공자 또는 각 저자들마다 다르다. 분명 스포츠란 용어는 하나인데 그 용어에 대한 설명은 각기 다른 것이다. 이에 본 연구자는 스포츠철학을 수강하는 학생들에게 다양한 스포츠의 정의를 소개하고자 스포츠의 정의를 언급한 저서나 연구들에서 스포츠의 정의를 찾아보기로 했다. 처음에는 대략 20~30개 정도의 정의가 언급되어 있을 것으로 예상하고 살펴보았으나 의외로 스포츠의 정의에 대해서 언급한 학자들의 정의는 예상보다 많았다. 학자들의 스포츠의 정의를 찾아보면서 ‘스포츠에 관한 모든 정의를 소개하는 저서나 논문들이 있었으면 좋겠다’라는 생각이 들었다. 그런데 그러한 결과물들은 찾을 수가 없었다. 따라서 본 연구자는 현재 한국에서 관련 저서와 논문에서 언급되고 있는 체육학자들의 스포츠에 대한 정의를 대부분 발췌해 소개해보고자 본 연구를 의도하였다. 비록 기존 학자들의 스포츠의 정의를 모으는 단순한 작업이지만 과거 학자들의 스포츠에 대한 고민과 철학이 담겨져 있는 각 정의들을 수집․정리하여 소개하는 것만으로도 의의가 있을 것으로 생각된다. 아울러 본 연구의 결과물은 대학이나 대학원 스포츠철학 관련 강좌에서 스포츠의 정의를 강의하고 소개하는데도 유용한 자료로 쓰여 질 것으로 기대한다. The purpose of this study is to find best definition of sport or sports. Therefore this study was to collect and arrange definition of scholars about sport or sports from past to present at related book and paper. Through this study, the following conclusion were drawn; The best definition about sport or sports that found through this study is 'sports is competitive activities, for contest of physical excellence, that controlled by institutionalized rules' as definition of professor Kim, Hong-Sik. This definition is a good definition because description of identity about sports in Korea recently. First, this definition include of contest a physical excellence that important sport characteristic as well as include competition, institutionalization, rule, and physical activity of sports composition element. Because this definition is a definite explanation, a good expression, and a best concise phrase about narrow sense concept of sports in my judgment. Second, this definition is satisfied with necessary and enough condition about purpose of sports exclude e-sports or baduk, etc.