국민체육진흥법상 명단공개제도의 개선 방안에 관한 연구

Abstract

Human rights violations and corruption cases in sports are emerging as serious social problems. In this situation, many legislative and policy efforts are being made. With the revision of the National Sports Promotion Act in 2020, the List Disclosure system related to ‘human rights violations and sports corruption in the sports world’ has been introduced and is being implemented. The purpose of this system is to raise awareness of human rights violations and sports corruption-related actions in sports world and to improve respect for human rights and ethical awareness by disclosing the names of human rights violators and corruptors. However, the list disclosure system reveals inherent limitations and problems in its implementation. This study secures the effectiveness of the list disclosure system and suggests improvement measures for proper operation. Considering the social impact of disclosing names, a mechanism is needed to minimize infringement on the personal rights of those subject to disclosure. In cases where disclosure of the list is not effective, such as when the person disclosing the list dies, or if there are other special circumstances, an exception provision is necessary to exclude disclosure of the list. In relation to the requirements for list disclosure, the scope of crimes related to ‘human rights violations’ and ‘sports corruption’ must be specified. Because the meaning of ‘sports instructors and persons responsible for sports organizations’ who are subject to list disclosure is unclear, it must be clearly defined. Since the list disclosure system restricts general personality rights and freedom of privacy, the reconsideration procedure is necessary to decide whether to disclose the list. Through this procedure, the final subjects of disclosure must be selected. It is expected that the legitimacy and effectiveness of the list disclosure system can be secured by legislatively resolving these problems and improvements.