국가대표 선수단 후원계약과 선수 개인 후원계약의 충돌에 관한 법률적 접근 및 정책 제안
Legal Approach and Policy Proposal to Conflicts Between National Team Sponsorship Contracts and Individual Athlete Sponsorship Contracts
김로빈(한성대학교); 정태린(단국대학교)
23권 4호, 133~145쪽
초록
Conflicts between national team and individual athlete sponsorship contracts involved a complex interplay of constitutional rights, the civil law principle of private autonomy, and the commercial law principle of freedom of business activity. For the sustainable growth of the sports industry, it is crucial to clearly define the rights and obligations of each party while allowing flexibility in their application. This study examines the legal relationship between these two types of contracts, defining key concepts, analyzing the causes of conflict, and proposing policy measures for resolution and prevention. The findings are as follows: First, sponsorship contracts for national teams and individual athletes can be framed within the contexts of constitutional rights, the civil law principle of private autonomy, and the commercial law notion of business activity. Second, conflicts between them can be categorized as conflicts of constitutional rights, private autonomy, and business activity. Third, to prevent such conflicts, the study proposes: (1) establishing or amending bylaw provisions with clear criteria for overlapping sponsorships; (2) introducing a mandatory notification system for sponsorship agreements between national teams and athletes; and (3) creating a mediation committee for sponsorship-related disputes.
Abstract
Conflicts between national team and individual athlete sponsorship contracts involved a complex interplay of constitutional rights, the civil law principle of private autonomy, and the commercial law principle of freedom of business activity. For the sustainable growth of the sports industry, it is crucial to clearly define the rights and obligations of each party while allowing flexibility in their application. This study examines the legal relationship between these two types of contracts, defining key concepts, analyzing the causes of conflict, and proposing policy measures for resolution and prevention. The findings are as follows: First, sponsorship contracts for national teams and individual athletes can be framed within the contexts of constitutional rights, the civil law principle of private autonomy, and the commercial law notion of business activity. Second, conflicts between them can be categorized as conflicts of constitutional rights, private autonomy, and business activity. Third, to prevent such conflicts, the study proposes: (1) establishing or amending bylaw provisions with clear criteria for overlapping sponsorships; (2) introducing a mandatory notification system for sponsorship agreements between national teams and athletes; and (3) creating a mediation committee for sponsorship-related disputes.
- 발행기관:
- 한국체육정책학회
- 분류:
- 체육사