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@article{ART001578066},
author={Kim, Sang-Kyum},
title={Right to Sports and the Korean Sports Law System},
journal={Public Land Law Review},
issn={1226-251X},
year={2011},
volume={54},
pages={439-460}

TY - JOUR
AU - Kim, Sang-Kyum
TI - Right to Sports and the Korean Sports Law System
JO - Public Land Law Review
PY - 2011
VL - 54
IS - null
PB - Korean Public Land Law Association
SP - 439
EP - 460
SN - 1226-251X
AB - Sports occupies an influential part of human life in the modern society. People watch sports through media, and do sports for their health. Moreover, sports has become an important component of national economy. Sport matches or sport activities require related facilities, whose establishment leads to a constant development of the sports industry. These aspects of sports clearly identify the attitude the state must have toward it. Since the sports domain has an important influence on the economy and people's lives, the state faces responsibility to intervene in it. The more the influence of sports on nation, the bigger the state takes responsibility of it. In a law-governed(Constitutional) State where every state action base itself on law, the responsibility of state toward sports as well should be clarified and implemented based on law. As a law-governed nation, Korea has established and implemented positive law system regarding sports. The constitution which ranks the highest in the positive law system does not directly state provisions on sports. However, considering the functions and social consequences of sports, a constitutional ground for related policies and law would have to be clarified. From the current constitution is the right to sports referred from the right to pursuit of happiness. Focusing on sports as an occupation, the right to it is referred from the freedom of occupation. Regarding it as a cultural phenomenon, the principle of a cultural state provides basis as well. Based on the basic principles or provisions in the constitution, state establishes sports policies and related system of laws in order to encourage the development of sports. ‘The National Sports Encouragement Act’ and ‘The Law on the Establishment and Use of Sports Facilities’ with a long history are the examples. Regarding the sports industry, the ‘The Law on Encouragement of Sports Industry’ exists as well. Related special laws were also enacted additionally in the occasion of international sports matches such as the Olympics or the Asian Game. However, the current sports positive law contains several problems as well due to the rapidly changing circumstances. The academic world has made arguments from this perspective that 'the Sports Basic Law' and its related laws should be revised and revamped. The government has shown related efforts as well. The future sports related law should be improved reflecting change in era to protect the rights of people and sports players, and to maximize the efficiency of sports organizations. Government should continue working fast on establishing basic law and its related laws for the cause.
KW - 스포츠권(Right to Sports);문화국가원리(Principle of Cultural State);행복추구권(Right to Happiness);직업의 자유(Freedom of Occupation);스포츠기본법(Sports Basic Law);법치국가(Constitutional State)
DO -
UR -
ER -

Kim, Sang-Kyum. (2011). Right to Sports and the Korean Sports Law System. Public Land Law Review, 54, 439-460.

Kim, Sang-Kyum. 2011, "Right to Sports and the Korean Sports Law System", Public Land Law Review, vol.54, pp.439-460.

Kim, Sang-Kyum "Right to Sports and the Korean Sports Law System" Public Land Law Review 54 pp.439-460 (2011) : 439.

Kim, Sang-Kyum. Right to Sports and the Korean Sports Law System. 2011; 54 439-460.

Kim, Sang-Kyum. "Right to Sports and the Korean Sports Law System" Public Land Law Review 54(2011) : 439-460.

Kim, Sang-Kyum. Right to Sports and the Korean Sports Law System. Public Land Law Review, 54, 439-460.

Kim, Sang-Kyum. Right to Sports and the Korean Sports Law System. Public Land Law Review. 2011; 54 439-460.

Kim, Sang-Kyum. Right to Sports and the Korean Sports Law System. 2011; 54 439-460.

Kim, Sang-Kyum. "Right to Sports and the Korean Sports Law System" Public Land Law Review 54(2011) : 439-460.