국가대표 수영대표팀의 금지약물사용에 따른 법률관계에 관한 연구
A Study on the Legal Relationships on Prohibited Drugs Use of Korean National Swimming Team
권일권(부경대학교); 정태린(연세대학교); 김지태(단국대학교)
24권 3호, 1047~1058쪽
초록
National athletes were selected by Korean government and used by the Korea Sport Council. The selection as a national athlete contains tremendous obligation and responsibility to them. However, in the case of Park, the legal relations could be defined with a word, ‘ambiguous’, because the legal position of national athlete was also vague. With this reason, the purpose of this study was to investigate a tort of national athletes with the negative drugs using case of Park, used prohibited drugs for the 2014 Inchon Asian Games and was caught, and define the legal position of the national athletes and their relationships between him and his teammates as public officials based on the National Public Service Law. After the analysis, three outcomes were deducted. First, Park and his teammates were officials based on contract service. Second, prohibited drugs use was a tort of officials against the obligation of integrity and the obligation of obedience as public official. Third, there were no legal responsibilities between Park and his teammates. Eventually, the results of this study were expected to contribute on the protection of rights and interests of national athletes and the secure of national athletes’ stable legal position in Korea.
Abstract
National athletes were selected by Korean government and used by the Korea Sport Council. The selection as a national athlete contains tremendous obligation and responsibility to them. However, in the case of Park, the legal relations could be defined with a word, ‘ambiguous’, because the legal position of national athlete was also vague. With this reason, the purpose of this study was to investigate a tort of national athletes with the negative drugs using case of Park, used prohibited drugs for the 2014 Inchon Asian Games and was caught, and define the legal position of the national athletes and their relationships between him and his teammates as public officials based on the National Public Service Law. After the analysis, three outcomes were deducted. First, Park and his teammates were officials based on contract service. Second, prohibited drugs use was a tort of officials against the obligation of integrity and the obligation of obedience as public official. Third, there were no legal responsibilities between Park and his teammates. Eventually, the results of this study were expected to contribute on the protection of rights and interests of national athletes and the secure of national athletes’ stable legal position in Korea.
- 발행기관:
- 한국체육과학회
- 분류:
- 체육