Kim Yeon Koung
Kim’s letter:
“I expected the fair judgment from KOVO on my way to the committee. I was thankful for giving me a chance to explain my opinion but once I had a seat, the committee turned so forceful.
According to the articles published before the meeting and the official paper that KOVO had sent to me, I had been ordered to be there and explain every detail with my lawyer. But when the day arrived and the committee began, people of KOVO committee forced my lawyer to be out of the room during the meeting but I didn’t give up. But finally my lawyer got expelled out of the room leaving me alone at the room. When I wanted to get some tips from the lawyer, they blocked me and didn’t let me talk with my lawyer out of the room. They even didn’t allow me to look at the materials that I had prepared for today meeting. They didn’t even read the data and explanatory materials I had brought to them. I was so embarrassed. I think I expected too much from the committee.”
EXCLUSIVE: Here are the explanatory materials that she prepared for the meeting.
I. Background of occurrence of this matter & position
First of all, I deeply thank KOVO and HK for building up the basement that raised me up. And I feel sorry for being in this committee for ‘Arbitrarily Withdrawn’ and several incidents.
Some people think of why I changed my mind when I can still play out of Korea as a lease transfer. So here I want to explain the reasons.
First, HK told me to play back to the HK after the season 2011-2012 then play out of Korea later as a lease -transfer. I won the European Champions League and MVP, The best scorer, so I couldn’t agree with HK’s suggestion because I wanted to learn more while playing in foreign club. Also, a player doesn’t have to fulfill 6 seasons consecutively based on KOVO rule.
Secondly, HK changed the word and told me to go the club that HK chose as a lease transfer. But if I accepted HK’s proposal, I could play as a lease transfer belonging to HK forever. Also I shouldn’t leave any bad precedent for the youth and junior players and I needed to protect my right to choosing the club that I want to play.
HK sent the official letter to Fenerbahce saying HK won’t sign the contract extension on 9th of April, 2012 without telling me.
I knew that story after coming back to Korea and asked HK why they didn’t inform me of this. Then HK answered “Now you know. Who cares?”. It made me unable to trust Heungkuk anymore.
Moreover, HK claims that HK signed the two year lease-contract with Fenerbahce, it’s not true. On the contract document, the salary for second season was blank which means a player can decide to extend the period and it was 1+1 contract needed HK’s permission.
However, HK stated that when the least contract was still alive, I alone signed the contract with Fenerbahce on the premise of complete transfer to Fener on a written opinion sent to us and KVA on 20th of May, 2013. But you can see it’s not true when you see the fact of the official document that HK sent to Fenerbahce on 9th of April, 2012. Also, the contract with Fenerbahce I signed in July last year is not ‘Complete transfer contract’, but ‘Free contract’ because the period of my contract with HK was over on 30th of June last year.
Thirdly, in 2012, even though I thought it was so unfair that HK didn’t admit my agent, I respected HK’s opinion and visited HK’s office several times without my agent to solve this problem. But HK treated me like an ingrate and even spoke ill of my parents when I visited the office. HK’s preposterous word and behavior did humiliate me.
But I have done my best to be nice and put up with this because HK was my first team.
We proposed that we’d like to make a contract including transfer feel before the contract with HK was over on 30th of Jun, 2012 but HK rejected it. I promised HK I will definitely be back to HK after playing out of Korea but there wasn’t any answer from HK.
My agent called the secretary-general of KOVO, Mr. Lee, Young-Ha saying I and my agent wanted to visit HK but he didn’t allow it. My agent again called the assistant manager of KOVO, Jang Kyung-Min, to mention we wanted to meet HK but it was also rejected.
KOVO requested my agent InspoKorea to visit KOVO through me, and my agent visited KOVO and meet the secretary-general Yoon Kyung Sik, Manager Kim Jang Hee, Assistant manager Jang Kyung Min. We explained that promoting the contract with foreign club would be favorable for both player and club before the contract with HK is over.
My agent told them “Under the available contract with HK, HK can be the club of Origin of Kim. So if we promote contract with foreign club before the contract with HK is over, it will be a great chance to increase player’s salary and transfer fee that HK may earn at the same time. Also when she comes back to Korea, she will be under the KOVO rules which means HK can regain KimYeonKoung as their own player although Kim completely transfers to the other team.Once the period of the contract is over on 30th of June, HK can’t sit on the negotiation table any more. So if HK wants to cause the transfer fee, HK should meet Kim and agent before the period is terminated”
KOVO said he will call us when the meeting is settled for my agent and HK. We waited but the meeting didn’t happen because of HK’s refusal. I have in honesty done all I can do.
“Let Kim play” – new poster designed by her fans
Ⅱ.The explanation of each conflict issue
1. Unpaid salary
After returning from lease transferring from Japan in 2010, I received the championship prize money from the winning of KOVO cup but didn’t get regular fee for 3 months (Jun, July Aug)
No matter how much the regular fee costs. But it is a just right of player and HK should pay it but I haven’t got any from HK yet.
Moreover, according to the contract document, if the club doesn’t pay the regular fee for minimum 3 months, the contract can be cancelled. Instead of paying me the unpaid salary, HK condemned me as money blinded and said “Why do you have to bring that now?”
2. The doubt point in player-registration.
By the Article 49 of KOVO rule, the first of Article 4 and the second of Article 5 of Regulation of Player Registration, the contract document is a mandatory requirement for player-registration. From 1st of July,2012, I didn’t sign any contract with club in KOVO so there isn’t any contract document with my signature. But I wonder how HK could register me as a player of HK without the actual contract.
3. Five year-exclusive contract right
Whether player prepares the requirement of FA or not, a player can decide to resign with the former club or not just like the former club can decide to resign with the player or not, once the period of contract on the contract paper is over. (Club can take action to punish a player who rejects to resign the contract only when the exclusive contract right is still available. In my case, HK’s 5 year right that HK got when they pick me in draft was already over.)
4. Fenerbahce
On 2nd of July, 2012 HK called ‘Arbitrarily Withdrawn’ and claimed in press release HK were working on it considering my opinion and future while opening lots of opportunities such as resign with Fenerbahce, leasing to other clubs or playing back to HK.
But it’s so obvious HK didn’t help me actively at first. Then later they changed their attitude by saying above.
Different from what HK said in the press release above, HK already sent a notice to Fenerbahce and said HK would terminate the contract and wouldn’t renew Kim’s contract with Fenerbahce on 9th of April, 2012.
HK already had done all process to transfer me to other clubs unilaterally but later HK claimed HK still opened the opportunities to re-sign the lease contract.
5. Rabita Baku
HK unilaterally excluded Fenerbahce I wanted to resign. Then HK began to contact Rabita Baku in Azerbaijan I didn’t want and even negotiated my salary in secret without telling me. Despite of these senseless behaviors, HK used to say publicly HK planned to cooperate with me to decide the club.
I’m not sure what happened to HK. But I doubt why HK blocked my way to other club through the agent with better condition and even negotiated the salary by getting involved without discussing with the concerned player.
How come does that bring me better condition? What kind of benefit could HK earn from that? (According to the article on a newspaper, Rabita Baku first presented 1 million€ as my annual salary to my agent but HK said Rabita Baku suggested 0.8€ as the salary. Where is 200,000€ gap in the suggested salary between my agent and HK?)
When I met Mr.Kwon Kwang Young, the leader of HK Pink Spiders and Mr.Park Jin Ho, the vice-leader of HK PS in Bundang, they said Rabita Bake suggested 0.8 mil € but I couldn’t accept it because I had already heard from the agent that Rabita Baku suggested 1 mil €. Eventually, I couldn’t trust HK much more.
There is no club that offers lower money than previously suggested money if the club really wants to hire a player because it is so clear player can reject the proposal.
6. The demarcation between contract and negotiation.
KOVO rule related to FA clearly defines the difference between contract and negotiation. The meetings for my side with HK were for negotiation but HK didn’t allow my agent to join the meeting because HK kept saying it was for contract. It is so sophism.
It is civilly legal that I hired agent but HK even issued press released saying I illegally hired my agent.
7. The protection of player’s right
The protection provision of player’s right on KOVO rules, KOVO can start the ex officio investigation without a report from a player when any one or any club wrongfully infringes on player’s right. Once the investigation proves it fact, KOVO can levy a fine on.
HK has made a personal attack on me by sending the official papers to media/press and spreading false information about me to volleyball organizations and politicians.
The content of the official paper HK sent to the organizations includes ‘Kim is relying on fan’s love.’ , ‘Kim asked to change the rule relying on politicians.’, ‘She even ignored the rules upon her popularity’, ‘She is filled with the sense of entitlement.’, ‘She betrayed Heungkuk.’. It is such a defamation of character.
Also, HK said HK gave a certain amount of money to me and gave me back the money HK had received when I had played in Japan at the meeting with the Ministry of Culture/Sports/Tourism, volleyball seniors, Korean Olympic Committee and politicians. But I never received any money from HK except my fixed salary.
On a written opinion on 20th of May in 2013, HK said “We offered her unprecedented convenience and fully supported Kim. But she just betrayed us.” I thank HK for giving me a opportunity to play in Japan but I never received any proper support while playing in JT.
I have always followed all rules as a volleyball player. Please look into the circumstances clearly and make a fair judgment so that I can do my play faithfully.
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