스포츠권의 헌법상 지위 - 스포츠선수의 학교폭력실태 및 해결방안과 법․인권교육의 방향을 중심으로

Abstract

This thesis will confirm sportright as a basic human rights to examine constitutional status and look at true actual school violence. This thesis will suggest solution based on foreign examples,and will give a direction of law-human right education. We know by mascom the reality that many student athletes belong in school athletic club are exposed to all sorts of violence. School athletic clubs as a supply storage of elite sports take a role of that and performance based system of elite sports justify violence and camp training. But violence is crime. The result that National Human Rights Commission of Korea investigated, 79% of the whole research subjects are experienced violence. An assaulter is mostly coach, supervisor, senior or junior students, friends. and violence of senior students is most severe. Training place and camping place account for over 95% of violence place. Coping style of this violence was very passive. Though violence is crime, school athletic club regard this as sort of education. In foreign case,they conduct many human rights education to prevent this violence. And punishment for assaulter is very strict. We need human rights education about violence from elemantary school. And break away from performance based system in sports education, we should change sports culture as enjoying sports, not winning sports. When awareness of sports changed, sports right can be guaranteed as the right to pursue one's happiness as a basic human rights.