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학술논문한국사회체육학회지2015.08 발행KCI 피인용 4

프로스포츠 선수와 조직간 체결하는 이면계약의 법률적 고찰

A Study on the Contemplation of Behind Contracts between Professional Athletes and Professional Sport Team

정태린(연세대학교); 권일권(부경대학교)

61호, 127~139쪽

초록

To the righteous person of legal capacity, the Korean government grants the freedom of legal actions and guarantees it in its territory. Of course, the freedom of legal actions represent the freedom which does not get out of the sphere of social orders and balances. However, behind contracts, a legal action and double contracts, in professional sport of Korea represent the opposite of the policy direction which may cause chaos . With this reason, the purpose of this research is establish the basic and theoretical background and analyze the effects of the behind contracts for sport contracts based on the Korean Constitution and the Korean Civil Law. The cases of professional baseball player B and professional basketball player C was selected for this research. The research results are as follow; First, behind contract many not illegal. Second, behind contracts may be declared null and void. Third. the behind contracts of professional athletes A and professional sport team C may hold valid. At the end of the research, several suggestions were proposed to make up the niche problems of contract law of Korean professional sport.

Abstract

To the righteous person of legal capacity, the Korean government grants the freedom of legal actions and guarantees it in its territory. Of course, the freedom of legal actions represent the freedom which does not get out of the sphere of social orders and balances. However, behind contracts, a legal action and double contracts, in professional sport of Korea represent the opposite of the policy direction which may cause chaos . With this reason, the purpose of this research is establish the basic and theoretical background and analyze the effects of the behind contracts for sport contracts based on the Korean Constitution and the Korean Civil Law. The cases of professional baseball player B and professional basketball player C was selected for this research. The research results are as follow; First, behind contract many not illegal. Second, behind contracts may be declared null and void. Third. the behind contracts of professional athletes A and professional sport team C may hold valid. At the end of the research, several suggestions were proposed to make up the niche problems of contract law of Korean professional sport.

발행기관:
한국사회체육학회
DOI:
http://dx.doi.org/10.51979/KSSLS.2015.08.61.127
분류:
체육

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프로스포츠 선수와 조직간 체결하는 이면계약의 법률적 고찰 | 한국사회체육학회지 2015 | AskLaw | 애스크로 AI