프로스포츠 선수 계약이 노동법상 지위를 인정받을 수 있는가?

The purpose of this study is primarily to clarify the legal nature of contracts for professional athletes. Until now, contracts for professional athletes have been regulated by civil law rather than labor law, and their labor status has not been recognized. However, the imbalance of economic and social power inherent in civil law has failed to protect the human rights of sports players who are in a position of inferiority compared to teams and coaches. As a result, violence, verbal abuse, sexual harassment, and unfair dismissal have become rampant in professional sports. This study uses Supreme Court precedents to argue that the labor of sports players falls under the Labor Standards Act. Furthermore, it notes the court's position that all users should encourage the self-realization of workers through their labor and points out that this applies to sports as well, without exception. Of course, applying labor law uniformly in professional sports is difficult due to the existence of star players. Therefore, this study proposes a dichotomous contract approach that allows players to decide whether to enter into a contract as a directly dependent worker or to freely negotiate contract terms through agents. Such a solution will protect the human rights of sports players by enforcing labor laws, and contribute to the development of the sports industry, which drives the nation's economy.