프로야구단의 기망행위가 포함된 선수 이적 계약에 대한 법률적 해석

This research was aimed to investigate the personal tort concealment case on the professional baseball team’s athlete transfer contracts recently occurred, to rearrange the legal relation and propose several suggests prevent recurrence of this type scandal. Human resource management is the most important process on the administration of professional baseball enterprise such as athletic performance increasement or revenue enlargement. Human resource management for professional baseball enterprises involves release unnecessary athletes and recruit athletes team needs. Its called transfer contract. However, two transfer contracts, was signed recently by professional baseball team A, B, D and an athlete C, might affect professional baseball enterprise negatively. Even if the understanding for these type contracts based on the Korean civil law in isolation are required efficiently, the academic research conducted rarely so far. With this reason, this research conducted to investigate this type legal relation with case study. The research results were as follow: First, the athlete contract between professional baseball team A and B is defined as ‘transfer contract’ and the other athlete contract between professional baseball team B and D is defied as ‘exchange contract’. Second, the personal tort concealment is defined as ‘fraud’. Third, entire contract process should be defined as ‘cancel’. Lastly, introduction of transfer system modification and punitive damage is required.