Abstract
Elite sports education in Korea has structural contradictions. In other words, the process of elite sports is that professional exercise instructors provide intensive and systematic education for talented players. However, it is judged that since life sports are not active except for some sports in Korea, in many cases, talents are often discovered by starting elite sports education first. Furthermore, such elite sports education is directly linked to the college admission process for sport-specialty students, which means that the decision to quit athletics in the middle is to give up going to college, so student-athletes have no choice but to continue training and participating in competitions, even if they are not athletically gifted.
 As a result of a complete enumeration survey by the National Human Rights Commission of Korea, it was investigated that school classes were not being conducted properly in the case of student-athletes. Although remedial classes are supposed to make up for missing classes through the e-school system, in addition to an issue about the fidelity of learning when taking e-school, more importantly, e-school classes cannot replace character education and socialization education as a member of the community to be acquired in school life. Just the initial idea of introducing the e-school system for student-athletes meant that the Ministry of Education itself acknowledged the deficiencies of regular classes due to the activities of school athletic clubs, but it did not prepare an alternative to character education and socialization education.
 Character education and socialization education, such as the acquisition of universal knowledge for independent living of each citizen, as well as the virtues required as members of a social community, can be said to be essential elements for survival as a human being. That is why the Constitution stipulates the compulsory education system as a responsibility of the state.
 The recent measure by the Ministry of Education to expand the number of days acknowledged as attendance for student-athletes is an act of neglecting the state's obligations for 6 years of elementary education and 3 years of secondary education, which are stipulated in the Constitution. If school education with a public nature is disrupted by private education in the structure of school sports, it means that the state has rather taken advantage of school sports power despite its duty and responsibility to regulate appropriately for the normalization of school education. It would be reasonable for the government to face up to the structural problems of elite sports education and present solutions.
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More From: Korean Association of International Association of Constitutional Law
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