Kim Yeon Koung
According to the FA rule of KOVO, FA player has a freedom to sign with any club but doesn’t have to accomplish the contract. But the committee concluded Kim can’t make a contract with any club inside and outside of Korea without the permission from HK because Kim isn’t FA player yet.
But this conclusion is unfair because it’s opposite to FIVB Regulation 45.1.2
<45.1.2 Rights of the NFs>
NFs have the right to protect the integrity of their affiliated clubs and determine the procedure for the national transfer of players. They may establish national regulations for the transfer of players to foreign clubs, provided that such rules are supplementary to and not against the provisions of the FIVB Sports Regulations. In the event of discrepancy, the FIVB Sports Regulations shall prevail.
Moreover, HK isn’t ‘Club of Origin’ anymore and KVA even admitted it by the written answer on 30th last month.
The committee judged KOVO’s decision for Kim’s ‘Arbitrarily Withdrawn’ was legal by the reason Kim violated the duty of resigning.
But Kim’s 5-year contract with HK was over (admitted by the committee) and Kim didn’t have a duty to resign according to the KOVO rule at the time when Kim entered HK. Therefore, KOVO’s announce for Kim’s ‘Arbitrarily Withdrawn’ is so unfair and Kim should have been announced as a retirement player last year by Article 59. KOVO’s Regulation. Moreover, according to Article 59, the permission from the club to retire is necessary only when the contract between player and club is still alive. In Kim’s case, she doesn’t need the permission from HK because her contract with was terminated last year.
Her lawyer Mr. Kim Tea Young cited he will request for the inspection of KOVO’s rules which are so unfair to players to Fair Trade Commission.
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