구성원의 형사상 불법행위와 프로스포츠 구단간 법률관계 : 프로축구단 소속 스카우터의 심판 매수 행위를 중심으로

This research was aimed to investigate the legal relationship between the professional sports organization and the employees in criminal torts on work with the football scout case and propose several suggestions to prevent the reoccurrence of criminal torts and control the members and contribute on the rational professional sport organization management. Professional sport team is a profit organization which organizes with professional athletes, coaches and other members, support the all members of the organization. Professional sport team could expect various types of benefits with professional sport performances, when the all members are under the reasonable control of the organization. With this view, the case of referee corruption by professional football scout is a criminal tort and an example of failures on the member controling of professional sport organization. However, worse problems are that these types of criminal torts have quite high occurrence frequency and any legal rights and obligations never been conducted as academic researches so far in Korea. On these theoretical backgrounds, two results were deducted. First, the corruption practices of the scout is adjustable on the charge of bribery which is required its legal components. Second, the professional football club J and the Korean Football Association have the vicarious liability, including the claims of damages, because they are the legal employers of its employers, the scout and referee. Third, the professional football club J and the Korean Football Association also has Right to indemnity against the each employees, scout and referee.