A Study on the Unfairness of Contracts with Professional Sports Management

Abstract

[Purpose] The purpose of this study is to clearly analyze the legal nature of professional sports player contracts and find ways to restore the balance of contracts between players and clubs through the results. [Methodology] It analyzes the problems of professional sports contracts in Korea and analyzes the foreign professional sports contract structure and precedents, employment contracts, and free contract systems. Based on the analysis, we intend to derive the direction of system improvement applicable to Korea. [Findings] Similar to Japan, Korea has a mixture of employment and contractuality in contracts, but legal debates are currently underway on whether to apply the Labor Standards Act and the Labor Union Act. Accordingly, the issue of contracting professional sports players in Korea requires the development of independent legal principles that reflect the characteristics of the domestic labor law and the sports industry. [Implications] Foreign cases suggest that in Korea, the institutional settlement of the agent system is necessary along with the recognition of worker characteristics in consideration of the complex nature of player contracts.