2027년 개정 세계도핑방지규약의 법적‧정책적 함의

Anti-doping regulations, which guarantee fair competition in sports, have evolved from strict sanctioning methods rooted in ‘Strict Liability’ toward a framework that ensures concrete validity and minimizes the infringement of athletes' human rights. This study examines the historical context in which anti-doping regulations have shifted their focus from ‘regulatory efficiency’ to ‘proportionality’ and ‘procedural justice’ through revisions in 2009, 2015, and 2021, following the enactment of the first World Anti-Doping Code (WADC) in 2003. Specifically, this paper identifies the 2027 Revised Code, approved at the World Anti-Doping Agency (WADA) General Assembly in Busan in December 2025, as a landmark legal turning point within this evolutionary trajectory. This revision advances the pursuit of substantive truth based on scientific evidence and significantly expands athletes' rights of defense. This paper analyzes the key changes in the 2027 Revised Code from legal and policy perspectives. Legally, the revised Code departs from the existing binary sanction structure of ‘Intent’ and ‘Negligence’ by introducing a new three-year period of ineligibility, thereby ensuring flexibility in sanctions. Most significantly, the provision allowing for reduced sanctions if an athlete can demonstrate a lack of intent through ‘Reliable Scientific Evidence’—even without identifying the specific ‘source’ of the prohibited substance—is evaluated as a groundbreaking expansion of defense rights, widening what was previously termed the ‘narrowest of corridors’. Furthermore, the grounds for mitigation, previously limited to ‘Contaminated Products,’ have been expanded to ‘Contaminated Source,’ encompassing environmental contamination, thus incorporating the complex contamination risks of modern society into the regulatory framework. From a policy perspective, the revision emphasizes governance innovation and human rights protection. The ‘Operational Independence’ of National Anti-Doping Organizations (NADOs) has been codified, and the ‘Independent Review Expert (IRE)’ system has been introduced to enhance transparency in the results management process. Furthermore, the principle of non-disclosure for decisions in cases of ‘No Fault or Negligence’ prevents athletes' ‘digital stigma’ and strengthens privacy rights, signaling a progression toward human rights-friendly anti-doping norms. Finally, this study analyzes the impact of these evolving international norms on the Korea Anti-Doping Agency (KADA) and proposes countermeasures. First, to address the information asymmetry arising from scientific proof emerging as a new defense right, we propose establishing an ‘Athlete-Funded Scientific Proof Support System’ in collaboration with the KIST Doping Control Center (DCC). Second, to mitigate the administrative burden and enhance efficiency resulting from the introduction of the IRE system, we recommend strengthening KADA's internal pre-review procedures and utilizing an Asian regional expert pool. Third, we emphasize the necessity of an internal oversight body to rationalize administrative sanctions for TUE (Therapeutic Use Exemption) procedure violations and to ensure transparency in non-disclosure decisions. In conclusion, the 2027 Code revision demands that Korea's anti-doping administration transcend a regulation-centric paradigm to realize a ‘Just Balance’ that protects athlete human rights while pursuing substantive truth through the convergence of science and legal principles.