Several legal issues concerning Korean professional Sports -Focusing on the draft system in Korean Football League-
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In the case of Korea, few systems appeared in professional-sports-player contract, such as the contract reserve system, the free agent system, the assignment of rights, the trade system, the transfer by waiver announcement, and the draft system. From time to time, these contract systems can be a shackle to an individual player. Under the draft system in the Korean football league, players' abilities or rights of contract negotiation may become weaker. Actually, the wages of a player is also limited under the system. Furthermore, the system can be related to the problem of the illegal activity under a certain act such as the competition law. According to the competition law, the draft system can be placed in the boundary of the unfair cartel practices. It may make the legal status of a player to the weaker position. If the draft system is still needed to the football league, many parts of the system must be changed for the balance of the legal status between a rookie player and a club. The frame of a contract should be made by the parties. Although there may be some exceptions to this principle for a certain reason, the basic concept cannot be changed. Therefore, some supplements can be added to the Korean system. For example, the draft system which is not related to the mandatory contract with a certain team or the system which provides a player's favourite club for his contract can be one of the possible solutions.
Abstract
In the case of Korea, few systems appeared in professional-sports-player contract, such as the contract reserve system, the free agent system, the assignment of rights, the trade system, the transfer by waiver announcement, and the draft system. From time to time, these contract systems can be a shackle to an individual player. Under the draft system in the Korean football league, players' abilities or rights of contract negotiation may become weaker. Actually, the wages of a player is also limited under the system. Furthermore, the system can be related to the problem of the illegal activity under a certain act such as the competition law. According to the competition law, the draft system can be placed in the boundary of the unfair cartel practices. It may make the legal status of a player to the weaker position. If the draft system is still needed to the football league, many parts of the system must be changed for the balance of the legal status between a rookie player and a club. The frame of a contract should be made by the parties. Although there may be some exceptions to this principle for a certain reason, the basic concept cannot be changed. Therefore, some supplements can be added to the Korean system. For example, the draft system which is not related to the mandatory contract with a certain team or the system which provides a player's favourite club for his contract can be one of the possible solutions.
참고문헌 (13)
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