This research aimed to suggest basic legal theories could assist to build up an institutional strategy, especially the Korean Tort Liability Act, and several resolutions to protect the basic rights of Korean national athletes who are being pained under pressure by high ranking officials with focusing on a national athlete qualification giving up coercion case against a Korean national swim athlete. To approach this purpose, the legal analysis between national athlete selection rights and the call of duty of high ranking officials in political service was conducted as first, the legal relation between criminal tort and the Korean Tort Liability Act was interpreted as second and several discussions were proposed lastly. The research results are as follow; First, selecting the national athletes is the exclusive right of the head coach of the National Team of Korea. Second, the high ranking official, is possibly be guilty for the attempted coercion crime and abusing of rights. Third, the victim has no rights to claim for the compensation of Korean government base on the National Tort Liability Act of Korea, but have a right to claim for damage in personal to the high ranking official. Fourth, to protect the basic rights of Korean national athletes and national team, more powerful and detailed disciplinary rules and basic legal and political theories for more realistic compensation policy must be prepared with a long-term view.