• Journal of Arbitration Studies
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• v.24 no.1
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• pp.159-179
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• 2014

Currently disputes related to sports arise in various ways. Moreover, as the awareness of the rights of the people in the field of sports grows the chances of disputes occurring increases. Therefore, the number of sports disputes which will be dealt with by courts will increase. On the other hand, there are demands for fast and efficient legal resolutions for diverse sports disputes. However, as a dispute resolution system, the current domestic arbitration for sports disputes exposed several problems: the lack of professional arbitrators for sports disputes, procedural elements of delay, and the lack of promotion of the arbitration system. This study will first analyze the system for the resolution of domestic sports disputes. Then this study will review of the system for the resolution of international sports disputes and propose the establishment of an arbitration system for the resolution of domestic sports disputes.

• Journal of Arbitration Studies
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• v.26 no.1
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• pp.3-27
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• 2016

There is a need for disputes in sports to be settled by arbitration rather than a court ruling, taking the unique characteristics of sports into consideration. Arbitration is a form of alternative dispute resolution (ADR). A dispute resolution system is regarded as: an arbitrator is selected by the agreement between the parties, and a binding decision is made, which the parties obey, consequently resulting in a final resolution. To resolve a dispute upon arbitration, there must be an arbitration agreement upon the free will of the parties. In relation to the arbitration agreement, however, there are some cases in which sports organizations have an arbitration clause in the articles of association, regulations or player registration application that call for settling disputes by arbitration. In such cases, the validity of the arbitration agreement may create doubt whether or not this sort of arbitration has been made by mutual agreement. Consequently this is required to be legally examined. The activities of a sports organization are recognized as part of private autonomy, and they include even the rights that establish regulations or rules. Nonetheless, the powers that such sport organizations are able to establish are not allowed without limit. However, sports activities and autonomy shall be protected as themselves. Therefore, if we give priority to arbitration upon the independent arbitrator and fair process by establishing an independent arbitral organization in charge of sports disputes to handle the effective resolution of disputes and protect sports autonomy and ask for a court decision if one party disobeys the arbitration, or the sports arbitration prepositive principle, it seems helpful to resolve the unfairness of compulsory jurisdiction and the clause for sports arbitration and protect the player's right of choice and of claims for trial.

• Journal of Korea Game Society
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• v.21 no.4
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• pp.13-24
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• 2021

Recently, amendments to the e-Sports Act have been proposed in the Korea National Assembly. To evaluate the amendments, this study provided five factors of the e-sports industry: the high accessibility, the instability of the game, the difficulty of professional e-sports players, the fierce competition, and the lack of government policy. Based on these factors, this study suggested improvement in which the e-Sports Act should proceed for professional e-sports players, e-sports teams, and e-sports establishments.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.43-75
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• 2018

The Court of Arbitration for Sport (CAS) was created to focus on the procedural complexity in the resolution of sports-related disputes, confidentiality, the matter of expenses, and the necessity of prompt settlement in the field of international sports. The CAS had originally launched as one of bodies of International Olympic Committee (IOC), but later it became properly operational as an independent organization to facilitate sports-related disputes when the International Council of Arbitration for Sport (ICAS), which came into force in accordance with the Paris Agreement in 1984 and has acted in place of IOC, took responsibility for the administration and financing of the CAS. The CAS is composed of four divisions, the Ordinary Arbitration Division and the Appeals Arbitration Division, the Ad hoc Division created later in 1996 and the CAS Anti-Doping Division (CAS ADD) established as from 2016 only to conduct proceedings and to issue decisions on an alleged anti-doping rule violation, and two (Sydney and New York) permanent decentralized offices. The head office of the CAS is Lausanne, Switzerland. Since CAS ADD was established, CAS Ad hoc Division has had jurisdiction over the appeal case against a decision pronounced by the IOC, an NOC, an international Federation or an Organizing Committee for the Olympic Games. Although there are so many virtues of CAS as a resolution authority for sports-related disputes in terms of its organization, arbitration rules and procedures, it is also true that the CAS has not been showing the consistency. The CAS should overcome these issues through much more advanced system and its instant and fair decisions.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.67-89
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• 2016

An ADR arbitration system has a necessary value in the sports industry for settlement of disputes. Sports disputes should be resolved independently by enacting internal regulations within the basic principles of national law rather than treated as a civil action. If the dispute is not fair and transparent, it may cause distrust. Because an arbitration system has values such as speed, flexibility of economic decisions, professionalism of arbitrator and confidentiality of arbitration-related information, the efficiency of the arbitration system for conflict resolution has emerged recently. We have to assign sports experts to reactivate sports arbitration commission committees which existed from 2006 to 2009 in Korea. Many countries, such as the UK, USA, Canada, New Zealand, Hungary, the Netherlands, Poland, Germany, and Japan, which attain advancement of sports and the International Court of Arbitration establish and run their own sports arbitration agencies. However, Korea disbanded its sports arbitration commission committee for political and economic reasons. In 2012, after their disbanding, athlete Kim Yeon-kyoung came into conflict with Heungkuk Life over terms of free agent acquisition and international transfer certification. Finally they were able to settle those political conflicts. However if there had been related laws in Korea, they could have resolved those problems easily without international disputes. Practically, it would have been almost impossible for Kim Yeon-kyoung to win the dispute. But her problem became an issue after the London Olympics, so she could win. Although it is well for her to take an active role on the international stage, it left much to be desired on account of the intervention of political circles in order to resolve the conflict. If the sports arbitration commission committee in Korea had still been active, it could have come to a peaceful settlement domestically. Therefore we have to reestablish a Korean sports arbitration committee centered around experts of sports law.

• Journal of the Korea society of information convergence
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• v.7 no.1
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• pp.55-69
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• 2014

• Journal of Korea Game Society
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• v.20 no.2
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• pp.61-74
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• 2020

Northeast Asia accounts for half of the world game market, worth $ 152.1 billion, and has abundant growth potential. Early e-sports in Korea could be formed through the distribution of affects of active participation of gamers and fans. Since then, the establishment of a corporate team has continued, securing stability as an industry. However, mediation rights, intellectual property disputes, and game manipulations continue, leading to a massive escaped of early fandom and the collapse of StarCraft-based ecosystems.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.109-129
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• 2011

In the approaching 21th century, the outstanding development in international sports has established arbitration as the preferred form of dispute resolution. Because the form of sports dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem. The Alternative Dispute Resolution(ADR) as the settlement of sports dispute is regarded as the one of effective dispute resolution method and merits notice. The Korean Sports Arbitration Committee has been established for dispute resolution between athletes and the clubs or alike. Now, We must review and complements the rules of the Korean Sports Arbitration Committee in order to be a representative system of domestic sports dispute arbitration that settle the sports dispute practically and efficiently.

• Korean Security Journal
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• no.22
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• pp.65-90
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• 2010

Recently, alarmed by the frequent international terrorism or safety accidents, the host countries of world sports events are focusing on security activities for the sake of the participants, facilities, events and competitions. They are alarmed because in case any happenings like international terrorism or safety accident, the contest itself can be criticized to be a failure as much as the international reliability of the host nation may well crash. We can see that any failure in coping with terrorism or safety matters can lead to a nation-wise crisis in the case of Indonesia where the October 12th of 2002 terrorist bomb attack in Bali damaged the image of the nation followed by the similar case in Philippine (Oct. 20th, 2002) where the same terrorist attack dramatically scared away the tourists to the nation. Korea is scheduled to hold the World Championship in Athletics in Daegu Metropolitan City in 2011. Also, it is slated to host various world sports events such as Yeosu International Exposition and Incheon Asian Games. In these contexts, this study analyzes counter-terrorism cases related with the recent international sports events that have been organized in a variety of manners in the era of globalization. This study aims to show alternatives for the safety management in these events. In other words, it is focusing on giving directions to the safety policies of the nation -which may become the future hub of north-east Asia and the world - for more perfect guard and defense, and counter-terrorism activities in all the conferences, sports events and international festivals where any private defense and guard companies are allowed to cooperate with the police force or public security agencies.

• Journal of Cadastre & Land InformatiX
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• v.48 no.1
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• pp.229-244
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• 2018

The purpose of this study is to analyze the factors affecting the influence of the size and composition of the floating population on goodwill and Rent. First, the conceptual difference between location value and rent is clearly distinguished. Second, the value of land price is divided into fixed land value and floating land value. The empirical analysis utilized consulting data from 188 shops in Seocho and Gangnam-gu in 2013 ( restaurants, resting restaurants, drinking places, general stores, entertainment and sports). The results using linear regression analysis are as follows. Goodwill and rent have a positive correlation, but the evaluation system and factors are different. Especially the influence of the floating location factor is larger than the rent. And the fixed location factors such as building deterioration bus stops, were found to be significant influencing factors in the rents, but they did not affect goodwill. This result implies that the value of location of goodwill should be taken into consideration of a temporal and spatial concept. Since, in order to resolve disputes between the landlord and the tenant, it is necessary to accumulate data continuously and to study the objective evaluation system in the future.