스포츠 법정책에 관한 논고

A Treatise of Sport Legal Policy

초록

The purpose of this study is to discuss how the mechanism of action of the law works for sports policy, and to explore the application of the law policy to sports and the direction of its development. In order to achieve the purpose of this study, the structure of the discussion process was set in three issues as follows. First, the concept of construction of sports policy science and the background of its introduction were reviewed. Second, the concept of legal-policy was understood, and the acceptance of legal-policy in sports was discussed. Third, the direction of development of sports legal-policy was sought. The main contents of the each discussion stages are as follows. First, sports policy has strong welfare characteristics as a policy about sports or a policy for sports. Sports policy has a background used as a political means, but since now, the policy should be established for the purpose of sports itself. Second, legal policy science can be defined as 'policy-oriented approach to legal study' and 'law-oriented approach to policy science. The acceptance of sports' legal policy has recently been characterized by a law-oriented policy based on the legislative function. Sports policies influenced by the law have a mutual influence in which legislation is again implemented according to the development goal. Third, legal policy determines policy goals set as the ideal goals of society, and the dynamic execution process and evaluation of execution results should be included. The concluding suggestions derived through the above discussion are as follows. Sports legal policy should attempt to operate the legislative and administrative functions as well as the judicial functions at the same time. In order to establish a sports policy, the work of revising and supplementing the sports law is required. Furthermore, there is a need to expand systematic and systematic policy-making efforts to establish policies based on other laws. In other words, systematic legal policy approach to sports policy is required.

키워드

정책학; 법; 법정책; 스포츠 정책; 스포츠 법; 스포츠 법정책학; 법 작용; legal-policy science; law; legal-policy; sport law; sport legal-policy science; policy making process
제목
스포츠 법정책에 관한 논고
제목 (타언어)
A Treatise of Sport Legal Policy
저자
유재구
DOI
10.19051/kasel.2020.23.3.25
발행일
2020-08
저널명
스포츠엔터테인먼트와 법
권
23
호
3
페이지
25 ~ 52