Legal and institutional consideration on FA compensation system of Korean professional football league

Abstract

Purpose This study examines legal and institutional aspects of FA Compensation System (FACS) which was introduced by Korean professional football league in 2013. Methods This legal analysis reviews the current FACS in lights of several provisions of human rights in the Constitution and other relevant rules of law. Results First, the FACS violates Article 15 of the Constitution that protects 'freedom of choice to workplace' arguably implied under the 'freedom of occupation' provision since the system restricts a player's transfer within the league by requiring a transfer fee paid by the destination team even if the player has acquired the free agency status and his current contract is expiring. Second, the FACS would likely be unconstitutional according to precedents decided by the Constitutional Court and the National Human Rights Commission on the ground that 'freedom of occupation' is closely related to the rights to pursue happiness under Article 10 of the Constitution. Conclusions Based on the legal interpretations, the study argues complete abolition or significant revision of the FACS. This project calls for follow-up studies and further policy-making efforts given the practical magnitude and scholarly merits of the issue.