스포츠 스폰서 계약시 도핑 관련 신의성실의 원칙 조항의 필요성에 관한 연구

Abstract

With regard to doping, which is a problem in sports recently, sports sponsor companies should pay close attention to the doping problem of sponsors as a part of risk management strategy. This is because the relationship between the sponsor company and the sponsor is a legal relationship, a contract. However, in Korea, due to the peculiarity of the sports sector, the rights of sponsor companies based on the contract are not properly protected. In order to devise the plan, it was concluded that the provision of the principle of faithfulness in the contract could be one of the measures. The results of this study are summarized as follows.BR First, doping basically uses medicines that can be used for treatment and research, and how to use them for the purpose of participating in competitions and strengthening temporary physical ability.BR Second, sports sponsor companies judicially have the right to claim by tort under article 750 of Korean Civil Law. In public law, criminal offenses based on the Pharmacological, Medical and Health Crimes Enforcement Laws can be identified for the existence of judicial claims based on these.BR Third, the provision of a new rule of observance is an expression of a willingness to exercise a very active claim, indirectly eradicating the misuse of dope drugs and methods, and moreover, in the form of sports sponsorship agreements for athletes. It can also lead to the formation of paths that can be created.BR Based on this research, we hope to contribute to the creation of a more healthy, objective and responsible sports industry with regard to sports sponsorship agreements.