스포츠 폭력 억제를 위한 입법적 개선방안 모색

Abstract

Government institutions such as the Ministry of Culture, Sports and Tourism, local governments and educational circles have developed various efforts so far to curb sports violence that occurs continuously. Athletic circles have also enhanced various institutional strategies for establishing ethicality of athletes and preventing sports violence among the whole members. However, despite such efforts, a criticism that sports violence is still rampant throughout athletic circles is prevail, and relevant accidents are becoming the talk of all media in reality. Thus, this study aimed to search for a legislative improvement plan for curbing sports violence after examining various types of sports violence that has become one of serious social problems recently, reality of occurrence, and legal·institutional strategies as a top priority plan to guarantee basic right to sports and human rights. As a result of study, the following plans are considered necessary as a legislative improvement plan for curbing sports violence. First, so-called ‘materialization and strictness of legal device for prevention of violence and guarantee of human rights’ that can include reasons for disqualification of instructors, education to prevent sports violence and support for victims must be made immediately through revision of the「National Sports Promotion Act」. Second, it is necessary to revise the「Fundamental Law of Sports」as the law is faced with criticism that the law, unlikely its intent of legislation, leans excessively to the promotion of sports lacking in contents for guarantee of basic rights that everyone is entitled to enjoy like human rights of sportsmen. And through the foregoing, it is also needed to specify details of human rights, basic rights, violence, sexual violence etc., and necessary to organize a system for active protection of and support for victims. Third, construction of a system for prevention of violence and protection of victims is necessary through enactment·revision of ordinances of local governments. As a plan for the foregoing, it is first necessary to revise ordinances of local governments related to promotion of sports for enabling sportsmen·athletes to be respected as a human being and their rights and interests be protected. And each local government need to supplement limits of「the Charter of Human Rights in Sports」and「Guideline for Human Rights in Sports」by enacting tentatively named「Ordinance on Protection of Human Rights in Sports」.