스포츠에 있어서 도핑의 형사책임

Abstract

The criminal liability of doping in sports activity Generally Dope means any thick liquid or pasty preparation, as of opium for medical purposes, of grease for a lubricant , etc., and in popular meaning signifies opium derivative, ranging from harmless concoction to most powerful narcotics containing heroin or opium as ingredient. On the ground of NATIONAL SPORTS PROMOTION ACT Article 2 (Definitions), The term "doping" means ingesting or using forbidden drugs or methods listed and announced by the Minister of Culture, Sports and Tourism for enhancing players' physical capabilities. Generally at the least in the sphere of amateur sports, doping material possession and sale were virtually unregulated. But with the development of professional sports and sports’ commercialization, The doping is the main subject of the unfair competition. In the top class sports player’ level, There is no the difference of competency among the top class level. For the economic object or honor and distinction, the player was easily leaded into temptation of doping material’s addiction. Today, The abuse of these long popular doping has caused concern not only Korea but also worldwide. In the 20th century, scientific advances changed the properties and potencies of long-used doping such as stimulant and anodyne. The new forms of these drugs are more potent, they are more addictive and pose a greater health threat. Controlling the doping requires global efforts. Sports has a common rules and common organization, there is no room to adapt rules of individual nation. Illegal use of some doping material harms the sports community in several ways. The economy of sports community is hurt because businesses leave doping-infested neighborhoods. The link between doping and crime is complex. The use of some doping material is illegal, and violators are subject to criminal sanctions. Doping itself might not be controlled by rules of individual nation, the effect of doping is the sphere of domestic Acts. The doping could be punished under Inflicting Bodily Injury, Fraud, Interference with Business, and infringement of the NATIONAL SPORTS PROMOTION ACT and NARCOTICS CONTROL ACT, PHARMACEUTICAL AFFAIRS ACT.