체육단체 공정성 개선을 위한 법적 고찰 - 주식회사 기업지배구조론 적용의 필요성 검토 -

Traditionally, Korea concentrated on elite sports which allow investing in few outstanding sportsmen and prioritize on obtaining a medal from international competitions. But today as physical activity became essential daily activity, Korea is focusing on building a fundamental for sports, as long as the right to pursue happiness, most significant right guaranteed under the constitution, is promised to the citizens. As discussed in the following, physical activities used to be considered similarly with military drill before modern times. This may be in connection with nurturing of a good society by abiding by fair regulations. However, I have thought that conditions of ‘perfect competition market’ which deemed to be an ideal model of capitalism, such as ‘equality in access of information’, ‘high yielding participants of market’ coincide with conditions of democracy (equality, one man one vote principle, etc) from perspective of modes of production. Physical activity, from modes of production’s perspective, the fact that it requires the fairness, it coincides with transparency of information. Under the market system of capitalism, promoting fairness in physical activity seems to be inevitable. If we focus solely on obtaining medal or winning/losing, then qualities such as ‘fairness’, ‘equality’, ‘transparency’ is unnecessary. Even for athletic organizations, promoting fairness is a trait that is unavoidable. And that fairness needs to function under the principle of law. Legal study on sports law is significant since sport law includes several autonomous regulations. Especially, since there are cases where athletic organizations fails to fulfill fairness due to an individual’s superior ability, this matter needs to be reviewed from legal perspective. This paper will examine on methods to promote fairness of athletic organization by referring to diverse legal references since references which only relate to sports law seems to be insufficient to examine this matter specifically.