프로야구선수 계약에 관한 노동법적 소고

Abstract

The Korea Baseball Organization (KBO) recently revised the new baseball league rules in order to reflect the recent developments in labor law issues of Korean baseball players. Also, public opinion is favorable to create a trade union for professional baseball players. However, there has been not many researches to analyze the professional baseball players contracts from the labor law point of view. In addition, the Korean National Human Rights Commission as well as many academic papers still show diverged views on treatment of so-called “special employment relationships” (including golf caddies) under the labor law. Also, Korean court precedents denied professional sports players' job as laborers. , However, there is a growing opinion in favor of treating the professional baseball players as a special employment relationship. In addition, the National Assembly has presented the opinion that professional baseball players may be treated as “special employees.” There is also a debate to consider the Korea Professional Baseball Players Association (KPBPA) as a trade union. This paper tries to present concurring opinions about the establishment of the professional baseball players' labor union which has been reviewed numerous times until now since professional baseball was launched in 1982 based on the major issues in news releases and research papers.