스포츠토토에 관한 계약법적 고찰 = Contractual analysis on Sports TOTO

다국어 초록 (Multilingual Abstract)

Sports TOTO is lottery corporation that is one of the most profitable, money-making business in sports industry. It is very similar to state lottery business of US in its structure and mechanism. Therefore, contractual analysis on Sports TOTO has significance with that of US State lottery. In Us, a state lottery winner's entitlement to a prize is governed by principles of contract law, and participants in a state lottery are held to agree to the rules and regulations governing state lotteries. A state lottery winner's entitlement to a prize is governed by the principles of contract law. While, in some jurisdictions of US, commercial solicitations by the state lottery commission are deemed nothing more than invitations to wager, not offers to contract, generally, a purchaser of a state lottery ticket is deemed to accept a state lottery agency's public offer that the purchaser of a state lottery ticket has a chance of winning a prize according to the advertised rules and procedures of the lottery and to agree to the announced rules for determining prize winners. A participant is also deemed to be on notice that the pertinent state lottery rules and regulations are determinative of the prize awarded, and that representations contrary to those rules by a regional state agency office, or upon a betting slip, are not controlling.
A participant in a state lottery has no cause of action against the state to recover gambling losses sustained from the purchase of tickets. A purchaser of a winning ticket may, however, obtain a refund of the price of the ticket where the independent contractor operating the lottery on behalf of the state refuses to honor the ticket because it was never validated. In addition, Rights of winner's creditors to prize money, right of store employee to unsold lottery ticket. necessity of physical possession of winning ticket, revocation of award and the clause of the lottery business should be reviewed with relevant case law and regulations.

참고문헌 (Reference)

1 정영남, "체육진흥투표권 잠재소비자 태도 조사" (14) : 2000

2 곽윤직, "채권각론" 박영사 2007

3 주노종, "일본 스포츠토토의 현황" (여름) : 2002

4 윤석찬, "인터넷경매에서의 철회권 인정 여부" (19) : 2003

5 스포츠토토, "스포츠토토 소개자료"

6 이웅기, "스포츠에 대한 하나의 생각 - 스포츠토토와 여가문화의 정착"

7 엄기섭, "설명의무 있는 약관의 중요한 내용 - 대법원 1995년12월12일 선고, 95다11344판결"

8 "서울남부지법 2005. 3. 24. 선고 2003가단37338"

9 지원림, "민법강의" 홍문사 2008

10 "민법 제174조"

11 "민법 제146조"

12 김종, "대학생들의 스포츠토토에 대한 인식 및 구매행동에 관한 연구" 한국스포츠산업경영학회 11 (11): 33-45, 2006

13 "대판 1998. 2. 27. 96다8277판결"

14 "대법원, 2007. 6. 1. 2005다5812, 5829, 5836판결"

15 "대법원 1994.10.25. 선고 93다39942"

16 "대법원 1992.02.14. 91다4249"

17 "국민체육진흥법 제2조 제12호"

18 스포츠토토, "http://www.sportstoto.co.kr"

19 문화관광부, "http://www.mcst.go.kr"

20 공정거래위원회, "http://www.ftc.go.kr"

21 "Zuk v. State, 37 Conn. Supp. 88, 434 A.2d 986 (Super. Ct. 1981)"

22 "State, ex rel. Meyers v. Ohio State Lottery Com'n, 34 Ohio App. 3d 232, 517 N.E.2d 1029 (6th Dist. Lucas County 1986)"

23 "State lotteries ; action by ticketholders against states or contractor for state" West Law 2008

24 "Smith v. State Lottery Com'n of Indiana, 812 N.E.2d 1066 (Ind. Ct. App. 2004), transfer denied, (Mar. 31, 2005)"

25 "Pando by Pando v. Fernandez, 127 Misc. 2d 224, 485 N.Y.S.2d 162 (Sup 1984)"

26 "Molina v. Games Management Services, 89 A.D.2d 69, 454 N.Y.S.2d 730 (2d Dep't 1982), order aff'd, 58 N.Y.2d 523, 462 N.Y.S.2d 615, 449 N.E.2d 395, 40 A.L.R.4th 655"

27 "Molina v. Games Management Services"

28 "Mich.—Coleman v. State, 77 Mich. App. 349, 258 N.W.2d 84"

29 Corpus Juris Secundum, "Lotteris" West Law 2008

30 "Kan.—Fowles v. State, 254 Kan. 557, 867 P.2d 357"

31 "Houghton v. Big Red Keno, Inc., 254 Neb. 81, 574 N.W.2d 494"

32 "Enforceability of contract to share winnings from legal lottery ticket American Jurisprudence. 2d, Gambling" Thompson West 2008

33 "Coleman v. State, 77 Mich. App. 349, 258 N.W.2d 84"

34 "Brown v. California State Lottery Com., 232 Cal. App. 3d 1335, 284 Cal. Rptr. 108 (1st Dist. 1991)"

35 "Am. Jur. 2d, Gambling §§ 5, 10"

36 "Am. Jur. 2d, Gambling §§ 17, 18"