스포츠 신체침해에 대한 법적 소고

Abstract

cognition of sports participation has entered a transformational period that it is recognized as a fundamental human right. Legal discussions of physical infringement involving sports participation conducting could play a positive role in expanding sports participation. Because of it contributes to guaranteeing the sports rights of more advanced and reliable participation. The framework of the study was designed to conduct civil and criminal case studies and to discuss the main legal issues for it. The results of this study have the meaning of providing basic information prevent sports accidents and follow up for sports field experts and general participants. The analysis contents of each area are as follows. First, the grounds for civil liability for sports accidents are mainly based on Civil Law, Chapter 5 Torts, Articles 750, 751, 752, and 755. Meanwhile, Reason for Illegal Sculpture could be accepted if the duty of supervision, attention, safety management, etc. were fulfilled. Second, in case of serious physical injuries or deaths in sports accidents, the criminal law takes responsibility. The possibility of establishing a crime on the sports scene is mainly in accordance with Articles 266, 267, and 268 of the Criminal Law Code, and criminal responsibility is also possible under Article 18. The basis of reduction for exemption from involuntary manslaughter can be found in the Criminal Law, Chapter 2 Sin Section 1, Formation of Sin and Reduction of Penalty, and Article 14. Third, avoidance of liability(venire contra factum proprium) is explained by the concept of prohibition of contradiction in advance. A memorandum, such as waiver of prior physical rights, may have legal effect as a document. However, this is acceptable for certain events, but for most sports events where general risks are difficult to recognize and predict, individual universal risks should be judged individually.