COVID-19 확산 예방을 위한 프로스포츠 경기장의 집합금지·제한명령으로 발생한 손실에 대한 국가의 배상책임

Abstract

Purpose: This study aims to prove the national compensation responsibility of the Korean government on the national liability for damages caused by the government’s legal ban and restriction of assembly orders in professional sports stadiums to prevent the spread of COVID-19.BR Method: The literature review method was selected as the research method to achieve the purpose of this study. The research was conducted to analyze the structure of ownership of professional sports clubs as first, the applicable law was collected as second, and the results were applied to a case of the government’s legal ban and restriction orders of assembly in professional sports stadiums.BR Results: First, the ownership structure of professional sports stadiums in Korea is composed of a lease contract between the government or local governments and the companies that own a professional sports team on the premise of paying the usage fee. Second, the government’s legal ban and restriction orders of gatherings in professional sports stadiums to prevent the spread of COVID-19 have secured sufficient legitimacy. Third, the Korean government is responsible for compensating for the economic losses of professional sports teams caused by the order to prohibit or restrict gatherings in professional sports stadiums to prevent the spread of COVID-19.BR Conclusion: If a ban and restriction of gatherings in a facility are ordered by its owner, the Korean government, it is unreasonable that only the club takes responsibility for the damage caused by it. However, since there is no legal system related to this in Korea, the possibility of claiming compensation for damages of professional sports clubs is not high. Based on this study, it is expected to be helpful for the development of professional sports teams in Korea.