스포츠 반도핑(Anti-Doping) 중재기구의 설립 필요성과 법제화 방안

Abstract

Doping undermines sports fairness and fair play spirit, threatens the health and life of athletes, and adversely affects teenagers, so it is strictly regulated around the world. In sports today, legal regulations for anti-doping and the resolution of sports disputes through the Alternative Dispute Resolution (ADR) are important issues of sports law. The issue of doping is a key content of sports integrity and fairness and has become a daily theme in the sports world. The method of revising the National Sports Promotion Act and enacting a single law called the tentatively named Sports Doping Prevention Act can be considered as a legislative policy direction to strengthen anti-doping nationwide. Currently, the Court of Arbitration for Sport (CAS) is an arbitration body to resolve international sports disputes, and CAS is playing a role as a final trial. In 2006, the Korea Sports Arbitration Commission was established as an organization under the Korean Sports Council’s articles of association, but it was abolished in the face of criticism that it is difficult to see it as an independent dispute resolution organization in addition to poor performance and waste. Currently, domestic sports disputes are mediated and mediated by the Sports Fair Committee, a special committee under the Korean Sports Council, based on the articles of association of the Korean Sports Council, but they are weak. In addition, regarding anti-doping, there is no strictly independent sports anti-doping arbitration body at the level of re-deliberation by the Appeal Committee. At one time, the Korea Commercial Arbitration Agency launched a sports arbitration advisory committee and pushed for the establishment of a tentatively named Korea Sports Arbitration Center, but due to a lack of response from the sports community, they only discussed it without much profit. In order to smoothly and fairly handle sports disputes from a long-term perspective, it is necessary to launch an independent ADR organization for sports dispute resolution. In the case of amateur sports, it is desirable to install it based on the National Sports Promotion Act, and in the case of professional sports, it is desirable to lay the basis for installation in the Sports Industry Promotion Act. What we are discussing here is not a sports dispute settlement organization that deals with the entire huge sports dispute, but a plan to first establish an independent dispute organization related to anti-doping from a short-term perspective and expand it. In addition, if the National Sports Promotion Act is revised to establish a sports arbitration organization as an independent organization, it is necessary to devise institutional measures to revitalize sports arbitration, such as preparing automatic acceptance regulations for arbitration agreements in the articles of association, affiliated group regulations, and KADA Sanctions Committee.