• Title/Summary/Keyword: Autonomy of Sports

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The Choice of Applicable Law and the Limitations of Party Autonomy - Focusing on International Sports Arbitration - (중재의 준거법 선택과 당사자 자치의 제한 - 국제스포츠중재를 중심으로 -)

  • Yoo, So-Mi
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.23-46
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    • 2021
  • Sports disputes have specific characteristics compared to disputes that arise in the field of commerce. One particularity is the judicial system in which the CAS plays a key role as the International Supreme Court for sports-related matters. The CAS Code applies whenever the parties agree to submit a sports-related dispute to the CAS(Art. R27). Once the parties to the arbitration agreement have decided that the CAS Code should govern their proceedings. The parties' autonomy is, however, limited to the provisions of the CAS Code that provide for such a corresponding autonomy. The application of the mandatory rules contained in the CAS Code cannot be excluded. In CAS appeals arbitration proceedings, the Panel shall decide the dispute according to the applicable sports regulations and, subsidiarily, to the rules of law chosen by the parties(Art. R58). In international sports disputes, the uniform application and interpretation of the relevant regulations are essential. Therefore, Art. R58 should be applied as a mandatory rule without any changes. Regulations of the sports organizations are to be qualified as valid rules of law. CAS panels may also apply the so-called lex sportiva to the merits before considering statutory provisions of national jurisdictions. In this way, the specificities in (international) sports disputes can be taken into account without the need to further examine the application of national legal standards.

A Study on the Need for Arbitration and Agreement in Sports Disputes (스포츠중재의 필요성과 중재합의에 관한 고찰)

  • Jeon, Hong-Gu
    • 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.

A Legal Study on the Present Situation of Sports Arbitration and Suggestions on the Construction of a Sports Arbitration System in China - A Comparative Analysis of England Legal System - (중국 스포츠중재법의 현황과 제도개선 방안 - 영국 중재제도와의 비교 고찰을 중심으로 -)

  • Kim, Jong-Woo
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.133-157
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    • 2014
  • To confirm the division of the scope of sports arbitration, the English sports arbitration system will be analyzed as well as the scope of the regulations of the international sports arbitration court. If these forms of sport arbitration are combined with the existing China legal system and sports systems, they will effectively deal with the procedures of sports arbitration and of their linked programs, and clarify the nature of sports arbitration. With regard to the judicial supervision mode, domestic scholars have two theoretical perspectives, "comprehensive supervision theory" and "program supervision theory". Based on analyzing the above theories, the author believes that the opposition between the two is not absolute, as both can reach agreement on the important issue of whether to conduct substantive court examination or not under the premise of party autonomy.

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Development of Sports Ethics Consciousness Scale for Preventing Fixing Game (승부조작 예방을 위한 스포츠 윤리의식 척도개발)

  • Kwon, Ki-nam;Lee, Jung-Rea;Lee, Hyuck Gi
    • 한국체육학회지인문사회과학편
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    • v.58 no.4
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    • pp.127-138
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    • 2019
  • The purpose of this study was to develop sports ethics consciousness scale for preventing fixing game, based on foreign data but considering the actual conditions of Korea. Respondents were elite sports athletes from D-city. This study was conducted on 304 elite sports athletes from middle, high school and college students selected by purposeful sampling, for three months from May to July 2018. In the date analysis stage, the descriptive statistic analysis was performed for understanding the item characteristic and the internal consistency coefficient(α), the exploratory factor analysis and the confirmatory factor analysis were perforned for analysing the credibility, the validity. There were five sub-factors of sports ethics consciousness scale, consisting of ethics of autonomy, ethics of collectivism, ethics of common good, ethics of dignity, and ethics of productivity, which were identified through 23 questions. It was proved that the scale have enough suitability (χ2=420.151, df=220, p=.000, GFI=.996, NFI=.979, TLI=.960, CFI=.978, RMSEA=.055).

The Relationship between Autonomy and Achievement Motivation of University Players (대학선수들의 자율성과 성취동기와의 관계)

  • Hwang, Sung-Geun
    • Journal of Digital Convergence
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    • v.14 no.3
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    • pp.465-471
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    • 2016
  • This study intends to figure out the relationship between autonomy and achievement motivation of the university players. For this purpose, Survey was performed to Seoul and Metropolitan area's 25 sports 396 Players., And using SPSS 18 and AMOS program descriptive statistics, exploratory factor analysis, confirmatory factor analysis, reliability analysis were conducted. Based on purified data through the process, the relationship between autonomy and achievement motivation was verified with correlation analysis and regression analysis. As a result, autonomy was recognized by male player higher than female player, and in goal-orientation of the access tendency of achievement goal orientation, male player showed higher scores. And in mastery-avoidance of avoidance, female player showed higher scores and in performance-avoidance, male player showed higher scores. According to regression analysis, autonomy affects mastery-approach and achievement goal orientation of the performance-approach.

The Effects of Emotional Labor on Job Stress and the Professional Identity of Sports Coaches for People with Disability (장애인스포츠지도자의 감정 노동이 직무스트레스 및 전문 직업 정체성에 미치는 영향)

  • Hong-Young Jang;Seung-Deuk Roh
    • Journal of Industrial Convergence
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    • v.21 no.5
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    • pp.123-132
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    • 2023
  • The purpose of this study is to examine the effects of emotional labor on job stress and the professional identity of sports coaches for people with disability. 190 surveys targeting sports coaches for people with disability working at sports associations for people with disability, rehabilitation sports centers, and welfare centers for people with disability in the metropolitan area were collected and used for analysis. Using the SPSS 22.0 statistical program, the collected data were subjected to frequency analysis, correlation analysis, and multiple regression analysis. As a result of the study, it was confirmed that emotional dissonance, a sub-factor of emotional labor, affects role ambiguity and role overload in job stress. The expression diversity, a sub-factor of emotional labor, had an impact on publicity, use of professional organizations, and sense of responsibility, which were sub-factors of professional identity. It was confirmed that emotional dissonance affects the autonomy of professional identity and the sense of responsibility. It was also confirmed that role ambiguity, a sub-factor of job stress, had an effect on professional identity, and that role overload had an effect on publicity and autonomy. As a follow-up, a detailed in-depth study including perceptions and thoughts on the types of emotional labor of sports coaches for people with disability according to national regions and categories other than metropolitan areas is needed.

The Effects of Middle School Students' Participation in After-school Sports Activities on Psychological Well-being (중학생의 방과 후 스포츠 활동 참여가 심리적 안녕감에 미치는 영향)

  • Kim, Ki Seung;Ham, Hae-Soo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.3
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    • pp.469-480
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    • 2020
  • The purpose of this study is to empirically analyze the effects of middle school students' participation in after-school sports on psychological well-being. A survey was conducted on 280 students in 7th, 8th, and 9th grades attending two middle schools in Gongju-si, Chungnam, for one month from September 8 to October 17, 2019. The scale developed by Ryff (1995) was used to measure psychological stability. Subfactors including self-acceptance (6 questions), positive interpersonal relationships (5 questions), autonomy (6 questions), environmental control (5 questions), purpose of life (5 questions), and personal growth (5 questions) comprised a total of 32 questions measured on the Likert 5-point scale. The internal fit score (Cronbach's alpha) was .76-.83, with 146 students (52.1%) participating in after-school sports activities. The effect was high in the participant group. All variables, including the six subfactors, were verified statistically. These findings are consistent with the studies of Kang Myung-hwa (2011) and Kim Pan-su (2012), which reported that the sports activities of middle school students directly affect the development of emotions. This study verified the need to strengthen after-school sports activities and to engage problem children. After-school sports activities should be reviewed in the context of social issues that are becoming increasingly serious.

Gender-related Factors Associated with Upper Extremity Function in Workers

  • Kim, Kyoo-Sang;Kim, Min-Gi
    • Safety and Health at Work
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    • v.1 no.2
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    • pp.158-166
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    • 2010
  • Objectives: This study aimed to find gender distinctions in terms of the sociology of the population; to determine work-related factors; to analyze gender differences in daily living, work, sports, and art performances; and to identify gender-related factors that limited performance of daily living and work activities. Methods: A questionnaire was designed that included disabilities of the arm, shoulder, and hand (DASH), accident history, disease history, work duration at current workplace, marital status, job satisfaction, job autonomy, and physical demands of the job. Out of 1,853 workers surveyed, 1,173 questionnaires (63.3%; 987 males, 186 females) included responses to DASH disability and DASH optional work and were judged acceptable for analysis. Results: Upper extremity functional limitation during work and daily living was higher for females than males. The limitations for males increased according to their household work time, accident history, work duration, job satisfaction, physical demand, and job autonomy. Meanwhile, female workers' upper extremity discomfort was influenced by their disease history, job satisfaction, and physical demands. In addition, the size of the company affected male workers' upper extremity function, while marriage and hobbies influenced that of female workers. Conclusion: This study addressed sociodemographic factors and work-related factors that affect each gender's upper extremity function during daily living and working activities. Each factor had a different influence. Further studies are needed to identify the effect that role changes, not being influenced by risks at work, have on musculoskeletal disorders.

The Structural Relationship of Golf Participants' Basic Psychological Needs, Exercise Emotion, and Exercise Adherence Behavior (골프 참여자의 기본적 심리욕구와 운동정서, 그리고 운동지속행동 간의 구조적 관계)

  • Bum, Chul-Ho
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.3
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    • pp.127-134
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    • 2017
  • This study investigated empirically the structural relationship of golf participants' basic psychological needs, exercise emotion, and exercise-adherence behavior. Using two-hundred thirty questionnaires, the results were as follows. First, golf participants' autonomy, competence, and relatedness had a significant impact on the positive emotions. On the other hand, only competence lowered the negative emotions, and the other variables did not have a significant impact. Second, golf participants' autonomy, competence, and relatedness increased the exercise-adherence behavior. Third, golf participants' positive emotion increased the exercise-adherence behavior but a negative emotion decreased it. In terms of the indirect effect, golf participants' autonomy, competence, and relatedness influenced the exercise-adherence behavior, which was mediated by exercise emotion. This study is useful to sports participants interested in real value and a happy life through exercise-adherence behavior.

Effects of Local History Trekking Education on Social Development and Historical Consciousness of College Students

  • Kim, Byung-Kwan;Kim, Ah-Reum;Ko, Kyoung-Ho
    • International journal of advanced smart convergence
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    • v.11 no.3
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    • pp.142-149
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    • 2022
  • This study aims to develop the education for college students who should perform the social role of the fut ure by conducting trekking activities including the characteristics, history, and culture of Cheonan area and then investigating the sociality and history of 36 college students. Taejosan, Seonggeosan, and Heukseongsan, which are part of the independent ring of Cheonan city, were selected as courses. The training was conducted by six instructors majoring in humanities, history, physical education and medicine. Teachers of humanities and history majors conducted theoretical lectures to raise the historical awareness of Cheonan area related to trekking course. In trekking practice, instructors of physical education and medicine majored in trekking safety education and course progress. Among the social development factors, responsibility, autonomy, and sociality were high. After the education, students recognized that the interest and necessity of history were high in order to understand the present society, thought that they made a lot of development compared to the previous one, and answered that the main development factors of history were the people and that there was a change in perception through this education. This study was composed of the survey after the education, so the psychological characteristics of the individual were not reflected, and it is difficult to generalize it because the number of subjects is small. In the future, more subjects need to be investigated and local residents need to investigate changes in local awareness.