스포츠는 공정하고 정의로운가? : 스포츠 윤리의 법철학적 분석과 공정정책 평가

초록

Purpose: This study examines how fairness and justice in sport are constructed through legal institutions and sports policy. It clarifies the concept of sport ethics, interprets the Framework Act on Sport and the National Sports Promotion Act from a legal philosophical perspective, and evaluates the institutional design of the Sport Ethics Center and Sports Fairness Committees in Korea. Method: This study adopted a normative and doctrinal approach in sports law. Conceptual analysis of fairness and justice, statutory interpretation, and policy evaluation were conducted on the basis of due process, institutional independence, enforcement effectiveness, victim protection, and data governance. The analysis drew on domestic and international scholarship, relevant statutes, legislative materials, the First Basic Plan for Sport Promotion, the Sports Fairness Committee Regulation of the Korean Sport and Olympic Committee, and international integrity standards. Results: The analysis showed that sport ethics extends beyond behavioral morality in competition and encompasses institutional principles for selection, discipline, investigation, remedies, education, and access to sport. The Framework Act on Sport establishes sport as a rights based public domain through the recognition of the right to sport, state responsibility, and ethical sport as legal principles. The National Sports Promotion Act gives practical effect to fairness and justice through the functions of the Sport Ethics Center, which include reporting, investigation, victim support, research, prevention education, and disciplinary information management. Although the dual institutional structure of the Sport Ethics Center and the Sports Fairness Committees represents substantial institutional progress, limitations remain in procedural consistency, disciplinary coordination, institutional independence, and regional capacity. Conclusion: Sport is not inherently fair or just. Fairness and justice are realized through legal institutions that protect rights, ensure transparent procedures, and support effective accountability. The findings suggest that future reforms should strengthen minimum due process standards for Sports Fairness Committees, improve coordination between investigations and disciplinary decisions, expand victim centered support, refine disciplinary data governance, and establish measurable indicators for the realization of the right to sport.

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