Today, sports and entertainment for the national interests has been risen, sports industry has been accelerated by its professionalization of sport, the trend of globalization with the school hired a professional team directors and coaches, etc. due to their illegal action emerged the victim’s remedy problems. However, users such as a professional team, including directors and coaches, with between the victims regarding their the responsibility of the user with the issues surrounding that employment relationship, relativity to the course of employment regarding whether the criteria of academic research is not many. In this paper, employees, directors and coaches who belong to school or professional team, of the illegal action caused remedy problems of the victims in the end this problem has to be addressed by review according to civil code number 756 of employer liability. We had examined theories and cases as a requirement for employee’s relativity to the course of employment and its criteria that superficial theory also limits of superficial theory. In this article, to determine relativity to the course of employment, case which applied superficial theory were reviewed and divided into transactional tort action and de factor tort action, and based on this, we want to find out if superficial theory was appropriate to apply to de factor tort action as it is. As a result, superficial theory was reviewed as it protects in the area of trading counter parties in transactional tort action, however protect the other party is not an issue of trust in factual illegal action was pointed out that its limits are. I hope this article help for developing sports civil codes of this country.