프로축구 선수계약의 약관규제법상 불공정약관조항에 관한 연구

Currently, domestic professional football player contracts are concluded through the ‘standard contract’ prepared by the Korea Professional Football Federation and the player rules are incorporated into the contract as the contract states that both parties must abide by the ‘player rules’ of the Korea Professional Football Federation. However, with respect to the establishment and revision of these standard contracts and player rules, the club has the right to participate as a member of the Korea Professional Football Federation, while the players have a position in which they cannot participate in any way, which ultimately leads to the conclusion of the player contract. Therefore, in the extreme structural imbalance in which the player, who is one party to the contract, cannot participate in the formation of the contract, it leads to the result that the contents of the contract is decided in favor of the club only. In December 2019, the Korea Professional football Players Association request for examination to the Fair Trade Commission about the unfair terms and conditions clauses such as ‘compensation system’, ‘publicity right’, ‘unilateral salary reduction’, and ‘transfer without player’s consent’ among the contents of the professional football player contract. However, even after 1 year and 6 months have passed, the Fair Trade Commission’s position on this has not been confirmed. Therefore, in this paper, the contents requested for examination by the Korean Professional football Players Association for deliberation from the point of view of the unfair terms and conditions provisions according to Act On The Regulation Of Terms And Conditionswere considered in the following order. First, it reviews whether the standard contract and player rules for professional football players prepared by the Korea Professional Football Federation fall under the terms and conditions under Act On The Regulation Of Terms And Conditions, and I confirmed that the professional football player contract is subject to the Act On The Regulation Of Terms And Conditionsby arranging the discussion and precedents about the legal nature of professional sports player contracts. After, I drew conclusion that the clause of ‘unilateral salary reduction’ of the club among the contents of the standard contract and player rules for professional football players currently in use may be difficult to fall under the unfair terms and conditions clause, but clauses stipulating ‘reward system’ and ‘transfer without consent of players’ could fall under the unfair terms and conditions clause. It will promote the fairness of the contract by enhancing the legal status of players who are structurally weak in the contract signing process, while it may be possible to establish an appropriate bargaining standard as a basis for private autonomy between the contracting parties in the future by confirming the minimum legal standards for contract clauses that may be unfair.