A Study on the Legal Issues Related to Contract of Sports-take CPBL as the core

• Main Authors: CHOU,HUI-YU, 周卉瑜
• Other Authors: WANG,I-PING
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/maygg5

碩士 === 國立臺北大學 === 法律學系一般生組 === 105 === The nature of the contract for professional baseball players has always been different. Although the Council of Labor Affairs has an interpretation that professional athletes do not apply to the Labor Standards Act, still can’t define the nature of the contract. In Taiwan and Japan, there’re 3 theories such as employment contract, construction contract and no standard contract on the controversial part. Due to the nature related to obligations and rights is material, it’s essential to discuss the nature of contract. Whether the player contract has the essence of a labor contract, it still must be examined by subordinate. And professional baseball players are excluded from the protection of Labor Standards Act. So when the occurrence of occupational accidents, they only can request the civil law of the damage compensation liability and the Labor Insurance Act of occupational accidents compensation liability. However, whether the amount of these two requests is offset, there is no express provision. So this article will explore the professional baseball players identified occupational accidents, the offset of workers' compensation systems, and workers' compensation systems and disability insurance design of the Major League Baseball. Expect to provide relevant solutions and recommendations to enable professional baseball players to get more complete protection in the event of occupational accidents. Furthermore, the arbitration system of CPBL is still a question of impartiality in the absence of legal establish procedures. Its arbitration judgment does not have the final judgment effect, thus losing its quick advantages. So that this arbitration system is gradually nothing but an empty shell. In view of the fact that sports disputes should be resolved quickly, it is necessary to set up an arbitration system. Therefore, this article takes the arbitration system of the International Sports Arbitration Court and the Major League Baseball as a mirror to explore the advantages of both. As a reference for the amendment of the arbitration system of the CPBL, so that this system will allow more people to benefit, and bring the original intention and purpose of its system.