Compatibility of IOC Rules and Regulations with the national laws of South Korea - Relating to the Olympic Winter Games 2018 in Pyeongchang -

서지정보

· 발행기관 : 한국스포츠엔터테인먼트법학회
· 수록지 정보 : 스포츠엔터테인먼트와 법 / 20권 / 4호 / 147 ~ 164페이지
· 저자명 : 김은경

초록

The 23rd Olympic Winter Games 2018 in Pyeongchang will be held from 9 February (Fri) ~ 25 February (Sun) 2018 in Pyeongchang as well as in Gangneung and Jeongseon with about 100 countries, 15 winter sports, and 102 games. In the meantime, a lot of preparation has been done for the Olympic Winter Games in Pyeongchang, which basically has been progressed based on the intent to realize the Olympic spirit and the unity of the world through sports and altogether founded on the IOC regulations. To defend this IOC regulation, the Republic of Korea enacted a support legislation for the successful hosting of Olympics called 'Special Act on Support for the 2018 Pyeongchang Olympic and Paralympic Winter Games (The Pyeongchang Olympics Act)' as Law no. 11226 on 26 January 2016. This law underwent its 17th revision on 28 May 2016 and is continuing so up to the present.
The IOC Charter enacts the Ground norm of the organization called IOC from legal perspective, and the authority of IOC is granted in accordance with the IOC Charter.Han, Hee-Won, A Study on the Olympic Movement and the Olympic System, Chung-Ang Lawreview, 2010(Vol. 12 Nr. 1), p. 318.
Domestic law is enacted within the sphere of protecting the range of purpose pursued by the IOC Charter and the Olympics ideology. The legislation or revision of Olympics relative laws should consider that the legal status of the IOC Charter is not a constitutional legislation with a strong binding force but has the characteristics of a soft law.
The IOC charter Article 2 regulates mission and role of the IOC, and the paragraph 8 of this article is specifically talks about its role "to protect clean athletes and the integrity of sport, by leading the fight against doping, and by taking action against all forms of manipulation of competitions and related corruption." However the Pyeongchang Olympics Act has no specific compliance regulation for this case. Only the National Sports Promotion Act has a symbolic regulation. There are no rules about the follow-Up utilization of Olympics Facilities. Fortunately, the Pyeongchang Olympics Act Article 7 also stipulates anti-terrorism and safety management policy. Act 6 of Pyeongchang Olympics Act regulates Korean Peninsula peace and the organization of unitary inter-Korean team. This regulation contains a peaceful meaning and complies with sportsmanship in the IOC Charter. It is evaluated as having more declaratory meaning than realistic aspect, but it seems to be a very crucial regulation since the resolution of South and North Korea conflict and the experience of mutual cooperation enhancement cannot be totally disregarded in the long journey to peaceful unification.
Mainly focusing on Pyeongchang Olympics Act, the Pyeongchang Winter Olympics Support Act, this discussion analyzed its legal coherence with the IOC Charter as well as other related regulations in Korea. From the position of the host of a large scale international sports event, the regulation has been considered from various angles. It seems necessary to study problems and legislate the Sports Framework Act which will be applied after this Winter Olympics in accordance with the intent of the IOC charter, and hopefully the legislative suggestion will be reflected.

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