프로 스포츠 선수 징계시 무죄추정 원칙 적용에 관한 비판적 논고

Abstract

The purpose of this research were to analyze an application of the presumption of innocence between disciplinary of professional baseball team and criminal penalty, especially illegal gambling abroad and propose several suggestions to prohibit of recurrence. The facts of the case were as follow: A, B, C, D, professional baseball athletes of Korea, were arrested during 2015 season for illegal gambling in Hong Kong area. Out of the four, A and B were released as the disciplinary from their teams and sentenced monetary penalty as punishment from the court of Korea. However, C and D has not sentenced yet with the reason of presumptions of innocence. Recently, C and D are still in the league in active so far. During the analysis, a reasonable doubt of a possibility of application of the presumption of innocence between disciplinary of professional baseball team and criminal penalty, especially illegal gambling abroad were discovered very critically. There are two reasons: first, the regulations possibly could be used in the employees’ favor for the abstract regulations of KBO to apply on the case. Second, the disciplinary were not fair to compare to another case of the cheerleader defamation case. Thirdly, these two, disciplinary and criminal penalty has different backgrounds in Koreans constitution, and it was analyzed in this research. To accomplish successful development of sport industry in Korea, law background must be grown up properly and it is on active. Nevertheless, this case showed us that sport law in Korea needs more time, experiences and applications, because simple law knowledge delivery can not complete the mission of sports law. With this reason, education programs for sport law is required and agent system for application is also required.