한국스포츠중재위원회에 관한 법정책적 고찰

Abstract

In addition to development of sports industry and culture, disputes of different forms are occurring in sports area. As a result, new dispute solution system might be need to solve rapidly and efficiently sports disputes. In 2006, Korean Sports Arbitration Committee(KSAC) was established by this necessity. However, KSAC was actually abolished in 2009 because of management insufficiency and budget waste. But, the question of maintenance or abolition of sport arbitration organization must not be decided according to management logic simply of management insufficiency and budget waste. And, consider to necessity of sport arbitration and international tendency, KSAC that professionalize sports disputes is urgently needed and should be reinstated. There are, however, a few improvements to get the most out of specialized sport arbitration organization. First, KSAC should be decolonized from Korean Olympic Committee as well as sports administration organization in organizational and financial aspects. Second, it is necessary to recognize priority and monopolistic jurisdiction for revive KSAC. Third, KSAC should be formed members that interests does not exist from sports organizations like Korean Olympic Committee. Fourth, the expansion of the judge scope and regulation on protection of third parties has to be instituted. Fifth, regarding legal effect of arbitral award, if is possible, not to give the force of the law like an irrevocable judgment. Sixth, it should be enact supplementary laws and regulations that can be disobedient and litigate in arbitral award. At this time, must flow KSAC to litigate. Finally it should be reappraise terminology of KSAC to prevent confusion that can happen to concept of Arbitration.