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학술논문한국체육과학회지2017.10 발행KCI 피인용 15

스포츠사고와 법적책임에 관한 연구동향 분석을 통한 이론적 고찰과 대책

Theoretical Considerations and Countermeasures through Research Trend Analysis on Sports Accidents and Legal Liabilities

권연택(고려대학교)

26권 5호, 539~552쪽

초록

The purpose of this study is to present the safety measures by synthesizing the opinions suggested by the scholars in the actual research through the theoretical examination of sports accidents and legal liabilities in the sports field. The research method is a literature review through theoretical review. It analyzes the policy research reports, monographs, theses, journal articles, newspapers, articles and magazines on sports accident and legal liability from 1995 to present. Safety measures were suggested. First, in the broader approach, it is necessary to formulate a law suited to the characteristics of sport and revise the current law. In addition, each governmental ministry must organize the governance system in order to establish smooth cooperation between government, local residents, management / operation / leader. Second, in the consultative approach, it is necessary to strengthen the cognition and education of the law, which is applicable to all responsibilities, and in case of civil liability, obtain the written consent of the user. Criminal responsibilities can be combined with civil liability, and precise recognition of illegality sculptures should be made. Third, in the insurance approach, insurance products considering sports characteristics should be developed through collaboration between each sports association and insurer, and the government should extend insurance system for deductible insurance and obligate insurance participants to participate in sports activities. Fourth, the preventive approach should build an accident DB, strengthen safety education and awareness of safety of sports, strengthen the management and supervision of facility safety inspection, and establish the Korea Sports Arbitration Committee.

Abstract

The purpose of this study is to present the safety measures by synthesizing the opinions suggested by the scholars in the actual research through the theoretical examination of sports accidents and legal liabilities in the sports field. The research method is a literature review through theoretical review. It analyzes the policy research reports, monographs, theses, journal articles, newspapers, articles and magazines on sports accident and legal liability from 1995 to present. Safety measures were suggested. First, in the broader approach, it is necessary to formulate a law suited to the characteristics of sport and revise the current law. In addition, each governmental ministry must organize the governance system in order to establish smooth cooperation between government, local residents, management / operation / leader. Second, in the consultative approach, it is necessary to strengthen the cognition and education of the law, which is applicable to all responsibilities, and in case of civil liability, obtain the written consent of the user. Criminal responsibilities can be combined with civil liability, and precise recognition of illegality sculptures should be made. Third, in the insurance approach, insurance products considering sports characteristics should be developed through collaboration between each sports association and insurer, and the government should extend insurance system for deductible insurance and obligate insurance participants to participate in sports activities. Fourth, the preventive approach should build an accident DB, strengthen safety education and awareness of safety of sports, strengthen the management and supervision of facility safety inspection, and establish the Korea Sports Arbitration Committee.

발행기관:
한국체육과학회
DOI:
http://dx.doi.org/10.35159/kjss.2017.10.26.5.539
분류:
체육

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스포츠사고와 법적책임에 관한 연구동향 분석을 통한 이론적 고찰과 대책 | 한국체육과학회지 2017 | AskLaw | 애스크로 AI