스포츠사고의 민사적 책임과 합리적인 분쟁해결

Abstract

These days, with developing pro-sports, sports industry is on to increase its importance as international concern over public interest as well as huge business horizon day by day. However, the dispute resolution of sporting accident happening in the game is requested expertise and speed most of all. So, to settle many kinds of dispute of sporting accident, to solve quickly and concisely with autonomous rules can be very important. Only if the matter is serious and a party doesn't want, they can't help following the trial procedures. Civil liability in sporting accident also needs to invoke general contract obligation and legal principles of liabilities on illegal acts and to establish them new. Only it is necessary to finalize a requisite for forming the responsibility considering sports accident's particularity and expertise, and first in the case of contracting sports association and the liabilities on illegal acts on athletes' responsibility in sporting accident, many claims and liabilities on the law of contract bring in, and if violating the contract, a compensation responsibility happens. To settle dispute of sporting accident reasonably, first ADR or arbitration is revitalized, but recently, articles of Korea sports arbitration committee was cut out by revising Article of association in the process of integrating Korea sports council and KOC. However, according to article 34, clause 2 of Article of association, because of having a special committee Korea sports arbitration committee will be organized as a special committee. Above all, enacting the fundamental law of sport will need to prepare a definite legal basis for the rational dispute resolution in sports dispute and the integrated sports' development.