아마추어 스포츠 규칙과 적법절차

Although the action of a private (nongovernmental) entity-especially amateur institution or associations-is not subject to constitutional limitations, action that is private in form may be treated as the state action in substance. In this fashion, the courts have treated high school and national athletic associations and conferences or leagues as if they were government agencies for purpose of constitutional law. Because these interscholastic and intercollegiate organizations exercise such pervasive influence in the field of amateur athletics, most of the field is governed by the constitutional limits applicable to the state and its political subdivisions and officials. Among other governing principles, the Constitution prohibits the state-and thus athletic associations, such as the Korean Sports & Olympic Committee, exercising state power-from violating the due process rights of students and coaches. In suit th vindicate the due process, a student or coach-or a school or college on behalf of the constitutional right holder must establish the existence of liberty or property interest within the meaning of the Constitution. It is arguable that the liberty lf students is implicated by termination of athletic eligibility because of thd effect of such action on opportunities for higher education or the opportunities for a professional career in a sport. Both students and coaches would often have property claim a based on express or implied contracts or on the state law that age often takes the form of regulations of the Korean Sports & Olympic Committee or other regulating agency. For students, the liberty or property claim might apply either to participation in sports or to retention of scholarship. The distinctions between affected interests represented by hierarchy of judicial protection is clearly relevant to procedural due process cases, but these distinctions should influence the extent of procedural protection available rather than whether any protection at all will be required by the Constitution. At a very general level, one can say that the court indicate that due process requires notice of the existence of the rule prohibiting particular conduct and penalty a violation might entail and also notice of the violation charged and opportunity for the accused person th defend against the charge. Generally, the opinion dealing with sports cases have reflected a view consistent with the usual constitutional pattern, which requires a greater opportunity to defend as the potential loss is greater. Similarly, these opinions have recognized that the opportunity to defend will be significantly affected by the presence or absence of factual issues. In general, the educational institutions that offer students education in exchange for athletics and the collective like the Korea University Basketball Federation that regulate educational institutions directly and students indirectly. One can often detect in a court’s opinion a nervousness about being drawn into this world of amateur athletics in which so much money is involved. One can detect in these opinions, too, an element of condescension about sports. Yet, whatever one may think about the influence of gargantuan amateur athletics or the integrity of the educational process at the institutions involved, it is hard not to take seriously the fate of the individuals who often have such a big stake in this enterprise.