스포츠산업,경영학 : 미래 한국 스포츠가 직면해 있는 법적이슈와 연구과제 = Legal Issues on Sport in Korea for the Future

다국어 초록 (Multilingual Abstract)

The purpose of this study was to predict what types of legal issues on sport in Korea would be raised as an important problem and should be more studied for the future. For the purpose of this study, precedents related to sport and trend of legal study on sport in Korea were examined. In addition, the trend of researches in the United States on legal issues related to sport, which is significantly ahead of Korea with respect to the quality and quantity of the researches on sport law, was analyzed. By analyzing precedents about Korean sport and research trends of sport law for both Korea and the United States, this study founded that the following legal issues in relation to the sport will be important in the future Korean sport community

First, constitutional and statutory issues are likely to be critical. This was proved by precedents analysis for the Korean sport and the comparison between the research trends in the Korean and American sport law. Second, discussion about tort law in the sport, which is a private or civil wrong or injury resulting from a breach of a legal duty that exists by virtue of society's expectations regarding interpersonal conduct, rather than by contract or other private relationship, will be appeared as a very important issue. This is because, as one can see in the precedent analysis, legal disputes concerning tort have been increasing significantly and are very likely to appear in the sport filed. It is necessary, therefore, to conduct researches more aggressively on tort in sport. Third, antitrust law, which is a statute aiming at promoting free competition in the marketplace, is also expected to be an important issue in the Korean sport community. The examples of expected antitrust issue in professional sport are as follows: reserve system, trade system, free agent, and salary limitation. Lastly, the issues on intellectual property involving in the patent, licensing logos, trademark, and copyright may be more frequently raised in the field of sport marketing and more interests and attentions of the field of the Korean sport law are likely to be paid to them.

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