스포츠인의 복지와 공제제도에 관한 법적 연구

초록

In 2022, the Sportsperson Welfare Act was enacted and enforced. The purpose of this Act is to contribute to the stabilization of the lives of athletes and the promotion of sports activities by establishing welfare policies for athletes and establishing an institutional basis for the welfare of sportsperson. In this law, sportsperson are players, sports instructors, and referees registered with sports organizations under the National Sports Promotion Act. In this way, the Sportsperson Welfare Act, a national law, regulates the welfare target centered on the athlete under the National Sports Promotion Act. However, in the Sports Basic Law, sports is considered as a superordinate concept of physical education. So, sportsmen and athletes question whether the range is the same. Since the Sports Basic Act is the basic law in physical education, it is necessary to define more clearly the concept of sports and physical education. This issue also has an important meaning in the Sportsperson Welfare Act. The reason is that the national law must have certain standards and contents according to the system consistency principle. Otherwise, it may cause confusion in the interpretation of the law and harm the people who are subject to the law. Since the welfare of sportsperson means the welfare of sports people in the legal system, it should be seen that those who engage in sports activities as a job in relation to sports are directly or indirectly applicable. The current Sportsperson Welfare Act stipulates the systems to support athletes along with the regulations to guarantee the status of athletes. The core of the Sportsperson Welfare Act can be said to be support for athletes, such as designation and compensation for athletes of merit, support for national players and coaches, insurance system and deduction for the protection of athletes, scholarships, support for senior athletes, athletes career support, start-up support, and loans of funds. In addition, protection against occupational accidents and support for cooperatives are provided. It can be said that these support systems are limited in how much they actually contribute to the welfare of sportsperson. For the welfare of athletes, especially for the stability of life of athletes, it is necessary to increase support benefits through the creation of sports funds. To this end, it is necessary to consider the mutual aid association system that has already been implemented in various fields. The current Sports Persons Welfare Act has very limited regulations on the deduction system. However, in terms of the welfare of sportsperson, it seems that activating the mutual aid association system can be of practical help. In this respect, it is necessary to revise the Athlete Welfare Act, and to materialize the mutual aid system to make the welfare of sportsperson practical.

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