The Protection of Sports Fundamental Rights and Legislation of the Basic Sports Law in Korea *

Kee-Young YEUN / Hon. President, The Korean Association of Sports & Entertainment Law / Professor of Law, College of Law Dongguk University in Seoul, Korea

* This article based on a research scholarship, which was supported by the BEOMEUN Foundation in 2014. I would like to take this opportunity to express deep gratitude to Mr. Chang Choong-sik, Chairman of the the BEOM-EUN Foundation and Dankook University Foundation for his encouragement and good advise. And I sincerely would like to congratulate Founding the Taiwanese Association of the Spots & Entertainment Law and pray for its development in the future.

Abstract

‘International Charter of Physical Education and Sport’ has been approved and enacted in the general assembly of UNESCO held, November 1978, in Paris. Since when Sports right had officially been recognized in the European Charter of Sport for All adopted in 1975 by the Council of Europe, one can say that the enactment of the International Charter by a world-wide organization such as UNESCO has been playing an important role in promoting an international movement of Sport for All, as well as spreading and developing Sports right all over the world. This shows the worldwide recognition of Sports right, but this does not literally mean that the idea of Sport for All has fully been realized all over the world. Immediately after the Charter had been adopted by UNESCO,Here for you, I would like to show you “Sports Right as Fundamental Human Right in Constitutions”. Sports Law should serve as the basis to stimulate such interchange and cooperation. The support of International Sports Law is essential in developing International sports industry that can benefit prosperity, using both human and material resources in the world. Through the acceptance of the Sports Right as Fundamental(Basic) Right in Constitution, it is possible to prepare legal foundation that allows easy human and material exchange for humanity. Also, it is possible that each nations’ governments understand other legal system and laws as well as that of other nations better thus promoting mutual understandings and cooperation. It is required for all sports organizations to establish the identity of the International Sports Constitution Charter through introspection and rediscovery of the world. Despite the pluralistic circumstances in the world, it seems to be easy to create comparatively consistent norms in sports field. It is because sports, the object of sports law, have been formed as a part of general and universal culture of human being. Most of Autonomic Sports Law is world-widely consistent; Fundamental Rights of Sports consists of the right of pursuit of happiness which is one of the fundamental rights of human. It is necessary to broaden interchange and cooperation of human and material resources as well as sharing the legal information of each of  the counties in order to unify and harmonize the Sports Law. Therefore, I would emphasize that we are under the very urgent circumstances to enact the Basic Sport Act. The follows are the reasons why we need the fundamental law of sport: 1) the improvement of current sport related laws to meet the realistic needs of civil lives; 2) synthesis of sport policies; 3) protection of sport right and sport autonomy; 4) collaboration between schools and communities for sport promotion; 5) normalization of school physical education and elite athlete bringing up; 6) contribution to the development of professional sport and sport industry; 7) legal and institutional improvement for the sport of the handicapped; 8) legalization of agency to resolve sport related disputes; and 9) need of legal foundation for international sport  exchange. The contents of Sports Right should be involved in 1) the protection of sport right for the people, 2) protection for the athletes, 3) synthesis of sport   policies,

• establishment of dignity for the sport related institutions, 5) normalization of school physical education, 6) appropriateness of sport facility installment and utilization, 7) efficiency of sport administration, 8) risk management for sport activities, 9) international exchange cooperation via sport, and 10) reasonable management of both material and human resources for

Keywords : Basic Right to Sports, Autonomous Rights of Sports, Sports Facilities., Constitutional Amendment, Principle of Cultural State, sports law, fundamental law of sport, fundamental law, promotion of sport for all, school physical education, Basic Sports Law