여성스포츠선수의 인권보호에 대한 국제적 기준과 국내 이행에 따른 문제점 및 개선방안 - 성폭력과 관련하여 -

Abstract

Korea will be the sixth country in the world to complete the ‘Sports Grand Slam’. But problems related to fairness, which is the basic spirit of sports, are frequently occurring in Korea. Especially, problems related to sports sexual violence are constant. Sexual violence in sports are violations of human rights, regardless of cultural setting, that damage both individual and organisational health. Athletes are silenced by the sexual violence process, because sexual violence in sport stem from power relations and abuses of power. The risk of sexual violence is greater when there is a lack of protection, high perpetrator motivation and high athlete vulnerability. Therefore, based in its role of promoting and protecting the health of athletes, the IOC Medical Commission held a conference on “Sexual Harassment & Abuse in Sport” in October 2006 in Lausanne. It led to concrete measures to resolve sexual violence. Korean government and ‘National Human Rights Commission of Korea’ are also striving to eradicate sexual violence against female athletes. There are already proper legislative measures. The present condition of sexual violence in sports cannot be identified due to the closed-off nature in the field of sports. There have not been any special countermeasures devised against sexual violence in sports. Here is a limitation in the prevention of sexual violence in sports.In this study, I tried to understand the structural peculiarities of sports system and to take fundamental measures. As you can see from this study, domestic law for sexual violence is being implemented to comply with international standards. However, for the prevention of sexual violence in sports, the subordinate regulations must include all details and provide clear criteria. Everyone in sport also shares the responsibility to identify and prevent sexual violence and to develop a new culture in sport. Sport organisations, in particular, should demonstrate strong leadership in identifying and eradicating sexual violence. But now it must eliminate structural and environmental problems that cause sexual violence. It is extremely important that we work with the following to ensure that those matters are resolved. First, the Government and Metropolitan and Provincial Offices of Education need to be talking about the right to learn of student athletes. The right to learn is the most effective solution of sexual violence. And it is necessary for their character building, because all sportsman live as a member of society later. State and local government should fulfil its basic obligations. Second, the current player selection system in university sports should be reformed. The player selection was originally performed to select excellent elite student athletes in sports. Today, we know that there have been a number of problems such as the right to lear, violence and sexual violence and irregularities in the entrance examination. It need to improve plan of admission for student athletes. Third, the qualities of the sports leader must be strengthened because human rights violations against athletes are related to leaders. Fourth, it is necessary for institutional plans for hiring of athletic coach based on gender equity. We can adopt actively the policy of “Affirmative Action” in woman sports team. All sport organisations should develop policies and procedures for the prevention of sexual violence and monitor the implementation of these policies and procedures. Finally, in order to solve the recent problems, the sports organizations, leaders and athletics need to reflect on true sports spirit and overhaul their ethical conscience.