스포츠 선수의 계약기간 중 이적에 관한 법적 문제 (Legal Issues of Sport Player Transfer during the Currency of Contract with Club)

서지정보

· 발행기관 : 한국민사법학회
· 수록지 정보 : 민사법학 / 41호 / 203 ~ 251페이지
· 저자명 : 장민

초록

In sports leagues, players can be transferred to other club before the expiry of their contract with the club, as well as on the expiry of his contract, under the league regulations, the collective bargaining agreement between the league and the player association, the regulations of the federation of national associations, such as FIFA and UEFA, or the agreement between the sports leagues that are concerned with the transfer of the player.
In U.S. sports leagues, korean sports leagues except K-League(korean professional football league), and Japanese Professional Baseball League, the player agrees that his contract may be assigned by the club to any other club in accordance with the collective bargaining agreement or the regulation of the league. Upon and after such assignment of contract by the club, the assignee club has the full and exclusive responsibility of the assignor club for whom the player was performing, and all rights and obligations of the assignor club become the rights and obligations of the assignee club.
But, in european football leagues and K-League, the player can be transferred to other club when the former club, the new club and the player agree about the transfer of the player. By such agreement, the contract between the player and the former club is terminated, and the new contract is entered into between the player and the new club, which contains the new terms, such as the term of the contract and the remuneration for the player's service.
Sometimes, the player leaves his club and moves to a new club in a foreign League(Association). The football player's international transfer is regulated by “Regulations for the Status and Transfer of Players" of FIFA, that require “International Transfer Certificate(ITC)" to be issued by the former association for registration of the player with the new association. and the japanese baseball player can move to the club in Major League Baseball only under the Posting System, that is established by “United States - Japanese Player Contract Agreement".
The Transfer of the player before the expiry of his contract with the club has a role in preventing the congestion of the player by the lobar market restrictions, such as Draft System and Reserve System, in sports leagues and increasing the efficiency of the service of all players in the league.

영어초록

In sports leagues, players can be transferred to other club before the expiry of their contract with the club, as well as on the expiry of his contract, under the league regulations, the collective bargaining agreement between the league and the player association, the regulations of the federation of national associations, such as FIFA and UEFA, or the agreement between the sports leagues that are concerned with the transfer of the player.
In U.S. sports leagues, korean sports leagues except K-League(korean professional football league), and Japanese Professional Baseball League, the player agrees that his contract may be assigned by the club to any other club in accordance with the collective bargaining agreement or the regulation of the league. Upon and after such assignment of contract by the club, the assignee club has the full and exclusive responsibility of the assignor club for whom the player was performing, and all rights and obligations of the assignor club become the rights and obligations of the assignee club.
But, in european football leagues and K-League, the player can be transferred to other club when the former club, the new club and the player agree about the transfer of the player. By such agreement, the contract between the player and the former club is terminated, and the new contract is entered into between the player and the new club, which contains the new terms, such as the term of the contract and the remuneration for the player's service.
Sometimes, the player leaves his club and moves to a new club in a foreign League(Association). The football player's international transfer is regulated by “Regulations for the Status and Transfer of Players" of FIFA, that require “International Transfer Certificate(ITC)" to be issued by the former association for registration of the player with the new association. and the japanese baseball player can move to the club in Major League Baseball only under the Posting System, that is established by “United States - Japanese Player Contract Agreement".
The Transfer of the player before the expiry of his contract with the club has a role in preventing the congestion of the player by the lobar market restrictions, such as Draft System and Reserve System, in sports leagues and increasing the efficiency of the service of all players in the league.

참고자료

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