선수전속계약 당사자의 법적 지위

Parties’ Legal Status in Player’s Contract: Focused on Professional Football

Professional football players and clubs are belonging to the nationally and internationally systematized organizations. Those are FIFA, Continental Confederations, National Associations and Domestic Leagues. All organizations have their own Norms such as Constitution, Statute and Regulation which regulate the parties - players and clubs - of player’s contract. The Contract must be concluded in accordance with Norms and even Uniform Player s Contract established by Korean League. Thus the Legal status of parties is decided under the Norms and the Contract. However properiety and validity of some provisions in The Norms and the Uniform Player s Contract are actually controversial. This paper treats of issues as followed. 1. The system of football organizations and norms. 2. Common form of player s contract and its legal meaning. 3. Type of football player s contract under the Korean Civil Code. 4. Rights and obligations of players and clubs. 5. Criticism about Uniform Player s Contract of K-League. Player s Obligation includes, ∙Duty to Render consisting of playing games and participating in the advertising, promotion activities; ∙Incidental Duty consisting of faithful performing his services, self controlling, participating in preparing activities, cooperating in games, observing the rules in games, obeying the directions of coaches; ∙Independent Duty of Consideration consisting of keeping dignity, controlling own public activities, keeping secret, observing the norms, notifying own physical conditions to coaches, obeying the directions of coaches, cooperating in the course of training. Club s Obligation includes, ∙Duty to Render consisting of paying, providing opportunities of work; ∙Incidental Duty consisting of providing opportunities of self-training, providing opportunities of rest, providing facilities; ∙Independent Duty of Consideration consisting of respecting the players, preventing against dangers, keeping sanitation, protecting rights of privacy and publicity, keeping player s secret.