Examining
the Legal Structures of the Professional Basketball
in the United States and South Korea
Seok-Ho
Song, Eug-Sun Jeong, Ae-Rang Kim, & Woo-Jeong Cho
(University of New Mexico)
Abstract
With
the growing popularity of professional sports in
the US, we see legal issues such as contract agreements,
free agency disputes, personal damages, and antitrust
actions everyday in the newspapers. However, in
South Korea, where professional sports have grown
out of an entirely different foundation of values,
these common aspects of American sport are rarely
seen.
Using a comparison of the NBA and the Korean Basketball
League (KBL), this presentation manifests the differences
through a study of anti-trust law, contract law
and tort law as they relate to the professional
basketball climate in each country. In Korea, teams
are organized and owned by corporations, which use
them as public relations tools rather than self-sustaining,
profit-generating entities.
This difference alone has tremendous ramifications
on ant-trust, as competitive party is not considered
as a crucial aspect to sustaining a league. Similarly,
the idea of tort entering the athletic arena is
unimaginable. To take action against a rival player,
rival team or one's own team for damages is not
even a consideration. Yet, in the United States,
cases involving tort law in sports are commonplace.
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Articles
Published
Choi, J. P., Song, S. H., & Cho,
W. J. (2000, Aug.). Understanding the effectiveness of the
Internet as a marketing tool. Journal of Leisure and Recreation
Studies, 19, 271-284.
Jun,
H. M., Na, S. B., Ha, J. W., Kim, Y. G., & Cho, W. J. (1998).
The marketing strategies for increasing female consumers in
professional baseball games. The Journal of Koran Alliance
of Health, Physical Education, Recreation, and Dance, 37(4),
618-631.
Abstracts,
Proceedings & Presentations
Lough,
L. N., Song, S. H., & Cho, W. J. (In press). Difference between
Master of Business Administration and Master of Science/Arts
in sport management programs. North American Society for Sport
Management Conference (NASSM), Canada.
Song,
S. H., Cho, W. J., Choi, J. P. (2001, Aug.). Curriculum analysis
for sport administration programs. Seoul International Sport
Science Congress, Seoul, Korea.
Song,
S. H., Jeong, E. S., Kim, A. R., & Cho, W. J. (2000 March).
Examining the legal structures of professional basketball
in the United States and South Korea. The Society for the
Study of the Legal Aspects of Sport & Physical Activity (SSLASPA)
Conference, Albuquerque, NM, USA.
Jun,
H. M., & Cho, W. J. (1998, Aug.). Recommendation of a New
Olympic Model. Seoul International Sport Science Congress,
Seoul, Korea.
Articles
Submitted
Lough,
L. N., Song, S. H., & Cho, W. J. Differences between Master
of Business Administration and Master of Science/Arts in sport
management programs: A content analysis. Journal of Sport
Management.
Song,
S. H., & Cho, W. J. Understanding of Sport Agent Laws. The
Korean Journal of Sport Management.
Cho,
W. J. & Song, S. H. A comparison between MBA and MSSM sport
management programs: Focusing on accreditation and curriculum.
The Journal of Korean Alliance of Health, Physical Education,
Recreation, and Dance.
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