- 영문명
- The civil liability in individual sports accidents
- 발행기관
- 경희대학교 스포츠과학연구원
- 저자명
- 한상덕(Han Sang-Duk) 정억순(Jeong Eok-Soon)
- 간행물 정보
- 『체육학논문집』제25집, 101~113쪽, 전체 13쪽
- 주제분류
- 예술체육 > 체육
- 파일형태
- 발행일자
- 1997.12.01
국문 초록
영문 초록
Today, the sporting population is increasing along with economic growth. Sports-allied industries and accidents are also on the increase. However, provisions in the legal system to deal with these problems are currently insufficient.
The purpose of this paper was firstly to investigate the basic laws, questions of liability and precedents relating to sports accidents in order to educate sport-related people in basic legal responsibility. Secondly to awaken people to the duty of care and the duty of control in sporting accidents. Thirdly to show the existence of a new social recognition of liability for sporting accidents. Fourthly to promote an understanding of the rights of the victim in sporting accidents. Fifthly from the above and from various case examples the aim is to protect people from sporting accidents caused by human action or to protect them from property damage.
In this thesis, I have examined the legal liability for individual sporting accidents.
The civil liability in sporting accidents usually becomes an issue due to responsibility for illegal behavior. In this paper I have examined the relationship between sporting accidents and the responsibility for general illegal actions(Civil Law Code Section 750) and the responsibility for special illegal actions(Civil Law Code Section 756, 758).
Firstly, in this case of damage by intention and negligence, the assaulter must compensate the victim for the mental and pecuniary damage according to an amount fixed by retribution.
Secondly, an employer and acting manager have a strict vicarious liability for damage resulting from the actions of an employee.
Thirdly, a building occupant is liable to compensate others for damage to others caused by a flaw in the building or preservation of a building. The occupier"s liability is a strict liability.
The purpose of this paper was firstly to investigate the basic laws, questions of liability and precedents relating to sports accidents in order to educate sport-related people in basic legal responsibility. Secondly to awaken people to the duty of care and the duty of control in sporting accidents. Thirdly to show the existence of a new social recognition of liability for sporting accidents. Fourthly to promote an understanding of the rights of the victim in sporting accidents. Fifthly from the above and from various case examples the aim is to protect people from sporting accidents caused by human action or to protect them from property damage.
In this thesis, I have examined the legal liability for individual sporting accidents.
The civil liability in sporting accidents usually becomes an issue due to responsibility for illegal behavior. In this paper I have examined the relationship between sporting accidents and the responsibility for general illegal actions(Civil Law Code Section 750) and the responsibility for special illegal actions(Civil Law Code Section 756, 758).
Firstly, in this case of damage by intention and negligence, the assaulter must compensate the victim for the mental and pecuniary damage according to an amount fixed by retribution.
Secondly, an employer and acting manager have a strict vicarious liability for damage resulting from the actions of an employee.
Thirdly, a building occupant is liable to compensate others for damage to others caused by a flaw in the building or preservation of a building. The occupier"s liability is a strict liability.
목차
ABSTRACT
Ⅰ. 서론
Ⅱ. 연구 내용 및 방법
Ⅲ. 스포츠 사고와 민사책임
Ⅳ. 결론
참고문헌
Ⅰ. 서론
Ⅱ. 연구 내용 및 방법
Ⅲ. 스포츠 사고와 민사책임
Ⅳ. 결론
참고문헌
키워드
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