최근 스포츠의 국제교류와 협력이 활발해지면서 스포츠법의 비교연구가 중요한 문제로 되었다. 아시아에서는 한, 중, 일 3국을 중심으로 2005년도 한국 서울에서 <아시아스포츠법학회>를 결성하여 각국의 스포츠법 硏究現況에 대한 情報交換과 交流가 활발히 이루어지고 있다. 이에 따른 아시아 국가들 간의 스포츠에 관련된 여러 가지 문제에 대한 대처 방안도 다양하게 모색되고 있으며, 아시아스포츠법학의 연구가 새로운 과제로 등장하고 있다. 아시아국가들 간의 빈번한 스포츠교류의 현상에서 이제 아시아 국가 간의 스포츠교류와 협력을 뒷받침할 법적 기반을 마련해야 한다는 인식이 확산되고 있다. 이에 스포츠법제의 비교연구를 통하여 스포츠법의 조화와 통일을 이루는 길을 모색하고 건전한 스포츠문화를 진흥하는데 기여하고 있다. 이 글에서는 스포츠법 비교연구의 필요성을 살펴본 후에 한국에서 이루어지고 있는 스포츠법의 비교연구의 성과를 정리하여 보기로 한다. 그 다음으로 스포츠법의 비교연구가 앞으로 어떠한 과제를 안고 있는가를 제시하고자 한다. 이에 대하여는 스포츠법학연구자들의 협력과 연대를 통하여 새로운 스포츠법학을 정립하고 아시아 또는 세계의 스포츠법의 조화와 통일을 이루어 가는데 공헌할 수 생각한다. 매년 학술대회를 개최하면서 교류와 협력을 하는 <아시아스포츠법학회>를 좀더 활성화시켜야 한다고 생각한다. 아시아스포츠법학을 연구하고 연구자를 양성하는 연구․교육기관이 필요하다고 본다. 대학이나 국책 연구소 등이 설립되어야 한다. 물론 스포츠법학 비교연구를 위한 인적․물적인 支援體系가 확립되어야 할 것이다. 스포츠법령정보센타의 구축도 필요하다. 아시아와 국제 스포츠의 교류와 협력을 위한 분쟁해결기구, 민간기구와 국가 간 기구 등에 대한 법적인 문제를 연구하는 것도 중요한 과제가 될 것이다. 21세기에 접어들어 더욱 가속화되고 있는 세계화, 국제화의 흐름 속에서 스포츠법의 비교연구를 통하여 아시아의 종교, 윤리, 도덕 등의 전통적인 규범을 바탕으로 아시아법의 새로운 체계 정립이 필요한 것이다. 아시아스포츠법도 이러한 아시아의 정체성에 바탕을 두어 세계적인 스포츠규범과의 조화와 통일을 이루는 방향으로 학제적, 지역적, 국가적 연대와 협력으로 연구해 나가야 할 것이다.

As international cooperation in sports is up and coming, the different aspects of sports law are focusing. Korea, China and Japan are giving more attention to this ever increasing phenomenon. As a result, these countries are recognizing, discussing and coping with the inevitably arising dissonances that are and will continue to occur as the field of sports law makes its way into the Korean scene. The development of new legal system in Asia based on traditional Asian norms is necessary especially when the internationalization and globalization are accelerating. The Asian Sports Law should be studied by various groups cooperating in order to establish laws based on Asian identity that harmonizes with world's Sports Law. The interchange of sports has been acknowledged as an effective means of exchange regardless the differences between politics, language, and religion among the world. The 2002 Korea Japan World cup demonstrates the importance of sport; the games influenced the both countries’ sports industry, laws and policies. The enormous cooperation and promotion of mutual understandings among Asian nations during the Asian Games also demonstrate the influence of sports. Now that there is a clear understanding of the importance of these events, it is essential that we begin to develop a more concrete legal framework for how they should be managed. To advance from this grassroots level of understanding in the area of sport law in Korea, it is vital that we take a look at various legal systems that have more sports laws in place and analyze them to see what aspects of those systems might be suitable or adaptable to our own needs. In this paper, I have tried to show you necessities and directions for the comparative studies of sports law. First, regarding the answer to the question, “Why do we need comparative studies of sports law?” I have demonstrated the reasons: interchange and international cooperation in sports; the study of the legal system; settlement of the Asian law and legal system and unification and harmony in Asian sports law. Second, I would like to explain the situation of the comparative studies for sports law in Korea. Third, I have examined, “What is the agenda for comparison of sports law? I would expect a lot of achievement from activations of an Asian Sports Law Association formed at this time. Lastly, I suggest founding a research and education institute to study Asian sports law and to cultivate specialists of it. I recommend establishing a college or research institute by national policy. But the first consideration is a support system for funding and human resources. In addition, an Asian sport law information center are required. We should prepare for not only a “united Asia” or an “Asian economic social community” but also private and governmental organizations for interchange and international cooperation in sports. As we stand at the beginning of the 21st century, in the flow of globalization and internationalization, “western” law invades into Asia. Asia needs in particular new Asian law based on traditional Asian religion, ethics and morals. Asian sports law should be enacted in the direction of unification and harmonization all over the world based on Asia’s autonomy and by academic, regional and national links and cooperation. It is required for the Asians to establish the identity of Asian law through introspection and rediscovery of Asia in the world. Despite the pluralistic circumstances in Asia, it seems to be easy to create comparatively consistent norms in sports field. It is because sports, the subject of sports law, have been formed as a part of general and universal culture of human being. Most of Autonomic Sports Law is world widely consistent; Fundamental Rights of Sports consists of the right of pursuit of happiness which is one of the fundamental rights of human. It is necessary to broaden interchange and cooperation of human and material resources as well as sharing the legal information of each of the Asian counties in order to unify and harmonize the Asian Sports Law.

As international cooperation in sports is up and coming, the different aspects of sports law are focusing. Korea, China and Japan are giving more attention to this ever increasing phenomenon. As a result, these countries are recognizing, discussing and coping with the inevitably arising dissonances that are and will continue to occur as the field of sports law makes its way into the Korean scene. The development of new legal system in Asia based on traditional Asian norms is necessary especially when the internationalization and globalization are accelerating. The Asian Sports Law should be studied by various groups cooperating in order to establish laws based on Asian identity that harmonizes with world's Sports Law. The interchange of sports has been acknowledged as an effective means of exchange regardless the differences between politics, language, and religion among the world. The 2002 Korea Japan World cup demonstrates the importance of sport; the games influenced the both countries’ sports industry, laws and policies. The enormous cooperation and promotion of mutual understandings among Asian nations during the Asian Games also demonstrate the influence of sports. Now that there is a clear understanding of the importance of these events, it is essential that we begin to develop a more concrete legal framework for how they should be managed. To advance from this grassroots level of understanding in the area of sport law in Korea, it is vital that we take a look at various legal systems that have more sports laws in place and analyze them to see what aspects of those systems might be suitable or adaptable to our own needs. In this paper, I have tried to show you necessities and directions for the comparative studies of sports law. First, regarding the answer to the question, “Why do we need comparative studies of sports law?” I have demonstrated the reasons: interchange and international cooperation in sports; the study of the legal system; settlement of the Asian law and legal system and unification and harmony in Asian sports law. Second, I would like to explain the situation of the comparative studies for sports law in Korea. Third, I have examined, “What is the agenda for comparison of sports law? I would expect a lot of achievement from activations of an Asian Sports Law Association formed at this time. Lastly, I suggest founding a research and education institute to study Asian sports law and to cultivate specialists of it. I recommend establishing a college or research institute by national policy. But the first consideration is a support system for funding and human resources. In addition, an Asian sport law information center are required. We should prepare for not only a “united Asia” or an “Asian economic social community” but also private and governmental organizations for interchange and international cooperation in sports. As we stand at the beginning of the 21st century, in the flow of globalization and internationalization, “western” law invades into Asia. Asia needs in particular new Asian law based on traditional Asian religion, ethics and morals. Asian sports law should be enacted in the direction of unification and harmonization all over the world based on Asia’s autonomy and by academic, regional and national links and cooperation. It is required for the Asians to establish the identity of Asian law through introspection and rediscovery of Asia in the world. Despite the pluralistic circumstances in Asia, it seems to be easy to create comparatively consistent norms in sports field. It is because sports, the subject of sports law, have been formed as a part of general and universal culture of human being. Most of Autonomic Sports Law is world widely consistent; Fundamental Rights of Sports consists of the right of pursuit of happiness which is one of the fundamental rights of human. It is necessary to broaden interchange and cooperation of human and material resources as well as sharing the legal information of each of the Asian counties in order to unify and harmonize the Asian Sports Law.

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sports law, sports law legal system,  unification and harmony,  national links and cooperation,  interchange and international cooperation in sports,  Asian Sports Law Association, the Basic Sports Act, Sports Rights