KCI등재후보
New Issue in the field of Korean Sports law regarding the Korea EU FTA -Focused on the problem of the sports athletes contract-
저자
발행기관
학술지명
권호사항
발행연도
2009
작성언어
English
주제어
등재정보
KCI등재후보
자료형태
학술저널
수록면
279-298(20쪽)
KCI 피인용횟수
4
DOI식별코드
제공처
EU is Korea’s largest trading partner, and it is actually the largest single market in the World. Throughout the summit between South Korea and Sweden, the Korea EU FTA(Free Trade Agreement) was declared an end to the trade negotiations in July 2009. Accordingly, legal reviews on specified issues of the FTA are being conducted and the formal signing is expected to take place in January or February in 2010.
We have interests in how EU would deal with the legal problems encountered by under this system. In particular, we have a lot more concerns on how they would approach to the cultural aspect. Thus I would like to study on the effect of FTA in sports area in specified and limited extent. Furthermore, I am willingly to arouse interest of this issue from the legal point of view.
The standard of holding professional football players in EU countries is generally to treat the athletes from EU countries completely equally as the domestic athletes in Member states, and to limit the number of athletes derived from Non EU country of one team. For example, in the Premier League in England, the number of players from Non EU countries is just a few, while the players from EU countries are more than that of England. Virtually, there are a lot of players from Brazil or Argentina, having acquired the citizenship of EU member states and become a person with dual nationality in order to participate in the games.
The situation in Korea is a little different. In the case of Korean League, the number of foreign players that one team might hold is limited to three, and each team can separately hold one player from the Member states of Asian Football Confederation.
Consequently, there would be four players in total, including an Asian player, in a professional football team. The problem can be caused by that such different standards between Korea and EU about holding foreign athletes.
First of all, in order to enter the Korean player in EU, they have to submit the restrictions to the Non EU players. However, if the Korean players can be granted the same conditions as the EU players get through the Free Trade Agreement between Korea and EU, things will change. For example, Korean players shall be granted the same conditions as the EU players received in accordance with the Article 39 of EC treaty, which authorizes the freedom of movement in labor. In that case, a lot more Korean players are expected to enter to the European League.
Of course, the precondition of this possibility is to release the restrictions for the players throughout FTA, and the all of associations such as Football Confederation apply the direction above. This can be possibly happened according to the follow up measures or agreement in FTA even though it is happening now.
Second of all, the restrictions for EU players to work in Korea seem to be released in many aspects. This can be a relative thing that begins with the open door policy after the Korea EU FTA. As it mentioned previously, Korea should treat the EU players same as their domestic players in exchange if EU does not discriminate Korean players anymore, and we have doubts about whether things can be in accord with each other in terms of the situation in Korea and sports market in Asia nowadays. It is clear that the Pan Asiatic associations such as Asian Football Confederation should consider on this issue. If the probability occurs in practical time, the possibility for the Non EU players from Brazil or Africa will be reduced remarkably.
Third of all, there is an issue on the dual nationality. As it mentioned already, EU admits the dual nationality and takes a barrier down for the Brazilian or the Argentine players. This is due to the long historical relationship between the Europe and South America region. However, In Korea, it has not made the actual relationship and basically does not legally admit the dual nationality, that there is no way to let the foreign players stay in Korea.
Thus the way t...
EU is Korea’s largest trading partner, and it is actually the largest single market in the World. Throughout the summit between South Korea and Sweden, the Korea EU FTA(Free Trade Agreement) was declared an end to the trade negotiations in July 2009. Accordingly, legal reviews on specified issues of the FTA are being conducted and the formal signing is expected to take place in January or February in 2010.
We have interests in how EU would deal with the legal problems encountered by under this system. In particular, we have a lot more concerns on how they would approach to the cultural aspect. Thus I would like to study on the effect of FTA in sports area in specified and limited extent. Furthermore, I am willingly to arouse interest of this issue from the legal point of view.
The standard of holding professional football players in EU countries is generally to treat the athletes from EU countries completely equally as the domestic athletes in Member states, and to limit the number of athletes derived from Non EU country of one team. For example, in the Premier League in England, the number of players from Non EU countries is just a few, while the players from EU countries are more than that of England. Virtually, there are a lot of players from Brazil or Argentina, having acquired the citizenship of EU member states and become a person with dual nationality in order to participate in the games.
The situation in Korea is a little different. In the case of Korean League, the number of foreign players that one team might hold is limited to three, and each team can separately hold one player from the Member states of Asian Football Confederation.
Consequently, there would be four players in total, including an Asian player, in a professional football team. The problem can be caused by that such different standards between Korea and EU about holding foreign athletes.
First of all, in order to enter the Korean player in EU, they have to submit the restrictions to the Non EU players. However, if the Korean players can be granted the same conditions as the EU players get through the Free Trade Agreement between Korea and EU, things will change. For example, Korean players shall be granted the same conditions as the EU players received in accordance with the Article 39 of EC treaty, which authorizes the freedom of movement in labor. In that case, a lot more Korean players are expected to enter to the European League.
Of course, the precondition of this possibility is to release the restrictions for the players throughout FTA, and the all of associations such as Football Confederation apply the direction above. This can be possibly happened according to the follow up measures or agreement in FTA even though it is happening now.
Second of all, the restrictions for EU players to work in Korea seem to be released in many aspects. This can be a relative thing that begins with the open door policy after the Korea EU FTA. As it mentioned previously, Korea should treat the EU players same as their domestic players in exchange if EU does not discriminate Korean players anymore, and we have doubts about whether things can be in accord with each other in terms of the situation in Korea and sports market in Asia nowadays. It is clear that the Pan Asiatic associations such as Asian Football Confederation should consider on this issue. If the probability occurs in practical time, the possibility for the Non EU players from Brazil or Africa will be reduced remarkably.
Third of all, there is an issue on the dual nationality. As it mentioned already, EU admits the dual nationality and takes a barrier down for the Brazilian or the Argentine players. This is due to the long historical relationship between the Europe and South America region. However, In Korea, it has not made the actual relationship and basically does not legally admit the dual nationality, that there is no way to let the foreign players stay in Korea.
Thus the way to solve t...
분석정보
연월일 | 이력구분 | 이력상세 | 등재구분 |
---|---|---|---|
2027 | 평가예정 | 재인증평가 신청대상 (재인증) | |
2021-01-01 | 평가 | 등재학술지 유지 (재인증) | KCI등재 |
2018-01-01 | 평가 | 등재학술지 선정 (계속평가) | KCI등재 |
2017-12-01 | 평가 | 등재후보로 하락 (계속평가) | KCI후보 |
2015-06-12 | 학술지명변경 | 한글명 : 스포츠와 법 -> 스포츠엔터테인먼트와 법 | KCI등재 |
2013-01-01 | 평가 | 등재학술지 유지 (등재유지) | KCI등재 |
2010-01-01 | 평가 | 등재학술지 선정 (등재후보2차) | KCI등재 |
2009-01-01 | 평가 | 등재후보 1차 PASS (등재후보1차) | KCI후보 |
2008-01-01 | 평가 | 등재후보학술지 유지 (등재후보1차) | KCI후보 |
2007-09-03 | 학회명변경 | 한글명 : 한국스포츠법학회 -> 한국스포츠엔터테인먼트법학회영문명 : The Korean Association Of Sports Law -> The Korean Association of Sports & Entertainment Law | KCI후보 |
2007-09-03 | 학술지명변경 | 외국어명 : The Journal of Sports and Law -> The Journal of Sports and Entertainment Law | KCI후보 |
2006-01-01 | 평가 | 등재후보학술지 선정 (신규평가) | KCI후보 |
기준연도 | WOS-KCI 통합IF(2년) | KCIF(2년) | KCIF(3년) |
---|---|---|---|
2016 | 0.74 | 0.74 | 0.7 |
KCIF(4년) | KCIF(5년) | 중심성지수(3년) | 즉시성지수 |
0.73 | 0.78 | 0.741 | 0.27 |
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