스포츠와 안전 그리고 보장국가론

Abstract

In relation to the importance of sports, there have been many efforts to confirm the status as a basic right, to establish the basic law of sports, to prepare sports promotion law, and to some extent. However, Regardless of the perception, the legislation that is proportional to its importance is too insufficient. There are various attempts to define the concept of safety in public law. Citizens who crave freedom in safety express a fear of uncertain future due to the development of advanced science and technology such as various disasters, genetic engineering and nuclear energy. We want to be protected as much as possible based on human knowledge or ability limit. Such security is a fundamental right and acquires the character of safety rights. Therefore, countries that have the obligation to protect basic rights will have a status as a guarantee-state according to recent theories, and this argument is appropriate for sports law. This guarantee-state theory can be combined with national guarantee-liability, which can be combined with the transaction-safety-obligation theory, the safety-obligation theory, the risk-liability theory and the state-liability theory developed in the case law of the public law and the judiciary of the civil law. These countries' responsibilities and deontology ultimately trigger the discussion of the establishment of sports safety rights. Constitutionally, it starts from the basic rights of the sports rights itself, and the citizens' right to safety is added to them, so that the concept of sports safety rights can be established. Finally, in the sports Law, the guarantee-state theory emphasizes the autonomy of the private sector and emphasize the importance of the nation as a responsible person for risk management and communication for national and private cooperation and sports safety. Although the ultimate responsibility is the responsibility of the state, it is important to play a role in ensuring the safety of non-governmental and non-profit sports associations and organizations. For this purpose, the Sports Safety Foundation has been established, but its role is not fulfilled. In conclusion, ① As regards sport safety facilities, there is ambiguity in autonomous regulation of autonomous safety management of small-scale sports facilities suppliers, as far as desired from the viewpoint of guarantee-state theory. In view of the above-mentioned strategy, it is considered that the plan is too top-down structure in view of the guarantee-state and guarantee-responsibility theory that self regulation is prioritized. ② When we look at the present Korea Sports Association's Articles of Incorporation and Sports Safety Foundation information, it is not enough to discuss the responsibilities of private sports safety according to the guarantee-state theory. ③ The exercise of basic rights should not be unlimited, but the justification of self - responsibility is allowed only after the condition of minimum self - determination is secured. It is affirmed that it is necessary to acknowledge the right of freedom or defense, social rights or the right to survival, and to respect sports and sports safety as a national task. To ensure that citizens do not have sufficient safety legislation in the absence of the relevant minimum legislation, The violation factor seems to be large. Citizens are obliged not only to enjoy basic rights for sports safety, but also to take responsibility for cooperating for the enhancement of sports safety, and thus to cooperate in the maintenance of safety order in sports facilities and to observe order disturbance behavior.