프로야구 선수계약의 구속력 -이적제도를 중심으로-
The Binding Force of the Player Contract
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The professional baseball is the most popular sports and business in our country. For the KBO Rules, the player who is the most important member of the business of professional baseball is not independent. The Player Contract has a binding power through the KBO Rules. People said that legal character of Player Contract is employment contract or combination contract or anonymous contract that is the new vision type of contract. Principal systems of the Player Contract is composed of reserve system and free agent system and trade system. In these system, player has no choice in the renewal of the Player Contract, because if the club wants to renew the contract, he only has the alternative to take contract with his former club or not to play baseball at all. In trade system, the contract can be transferred by Club to any other Club in the league, regardless of the players' will. These system has many legal problems to restrict fundamental rights of national. So the KBO Rules that has a possibility to infringement on fundamental rights of player may be invalidated for violation of Civil Act Article 103.
Abstract
The professional baseball is the most popular sports and business in our country. For the KBO Rules, the player who is the most important member of the business of professional baseball is not independent. The Player Contract has a binding power through the KBO Rules. People said that legal character of Player Contract is employment contract or combination contract or anonymous contract that is the new vision type of contract. Principal systems of the Player Contract is composed of reserve system and free agent system and trade system. In these system, player has no choice in the renewal of the Player Contract, because if the club wants to renew the contract, he only has the alternative to take contract with his former club or not to play baseball at all. In trade system, the contract can be transferred by Club to any other Club in the league, regardless of the players' will. These system has many legal problems to restrict fundamental rights of national. So the KBO Rules that has a possibility to infringement on fundamental rights of player may be invalidated for violation of Civil Act Article 103.
참고문헌 (13)
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