프로야구 불문율내용과 사례에 있어서 야구규칙 제도화의 필요성

초록

In 2012, professional baseball league recorded a successful attendance that will be written in the books with a record attendance of 7 million spectators. Many events and attractions that are held at the stadium stimulated the interest of spectators and, with the enhanced skills and ability of players, the game content acted as a driving force for attracting many fans to the stadiums. However, minor and major accidents frequently occurred along with the increased popularity of baseball. In light of such accidents, news articles titled the unwritten rule of professional baseball were published through the mass media every day. In professional baseball, an unwritten rule means a game rule that has not been stipulated in express terms which are knowingly accepted and observed by coaches and players. Such tacit rules among coaches and players that have not been established as an express rule by the Korea Baseball Organization may lead to sports injuries and violence on the field resulting in serious injuries threatening the life or body of players. Thus, the gravity of such issue has become further recognized. In particular, the Korea Baseball Organization has a duty of care to prevent accidents that could occur on the field. In review of the rules established by the Korea Baseball Organization and the relevant contents, when considering possible sanctions with respect to sports injuries and violent accidents that occur during sports games, whether the participants have complied with the game rules are looked at first, then penalties such as civil penalties, warnings, sending-offs, bans are ordered by the sanctions committee pursuant to the contents of the violations and whether the violation was intentional. Such order of sanctions is given to conduct the games in a fair and safe manner through well-intentioned competition. The unwritten rules observed by the players on the field are clearly violative of the game rules established by the Korea Baseball Organization. Acts such as throwing a bean ball can even be subject to punishment by law going beyond a violation of the rules. In particular, acts such as throwing a bean ball can constitute a charge of injuring a person under Article 257 of the Criminal Act or an unlawful act under Article 750 of the Civil Act. Further, as the KBO competition guidelines stipulate the restriction of throwing bean balls, a bean ball in whatsoever form should not be permitted on the field. This paper reestablishes and classifies the contents of the unwritten rules of professional baseball as they were reported through the media into categories of sportsmanship, rule violations and unwritten rules. Further, issues related to such unwritten rules were examined based on game rules and a legal backdrop and various accidents and cases of violence and injuries that could occur as a result of such unwritten rules were introduced through cases dealing with unwritten rules that were applied in professional baseball games. As a result, this paper suggests the necessity of establishing a system for baseball rules.

키워드