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(영문) 서울중앙지방법원 2016.03.25 2015가합565646

제재무효확인 청구

Text

1. On September 23, 2015, the Defendant confirmed that a sanction against the Plaintiff on restriction of qualification for transfer is null and void for five years.

Reasons

1. Basic facts

A. On January 16, 2012, the Defendant Association implemented a transfer registration system with respect to the selection of foreign players of the domestic professional farmer group.

B. On February 10, 2015, the Plaintiff registered as a transfer set to the Defendant Association, and from May 1, 2015 to the end of 2015 - 2016 KBL PP PP, the Plaintiff is a transfer set to the Republic of Korea in the United States of America.

C. The Plaintiff, which was held on July 21, 2015 by the Defendant Association, introduced C from the “foreign player Roft” to the Korean professional farmer-gu teams, as a transfer set of B’s affiliated C, and D’s team entered into a contract with C.

However, C did not enter into the Republic of Korea and did not implement a player contract.

On September 23, 2015, the Defendant Association imposed sanctions against the Plaintiff on the ground of Article 15(1) and (2) of the Punishment Regulations on the Punishment of the Defendant Association on the grounds that “the failure of C to perform his/her contractual duty constitutes a breach of contract” (hereinafter “instant sanctions”).

The defendant Association's award award rules (hereinafter referred to as "the award rules of this case") related to foreign players are referred to in the award rules of this case.

The contents of the instant penal provisions are as follows. Although there was a prior existence prior to the implementation of the aforementioned set of registration system, the subject of sanctions and the contents of the re-election for the management and supervision of the set according to the implementation of the set of registration system, the contents of the instant penal provisions were not added or amended. [Ground for recognition: Evidence A: Evidence A, Evidence A Nos. 1, 3-1, 2, 4-2, 2, and 3-2, and 3-2, and the purport of the entire pleadings.

2. According to the above findings of the determination, Article 15(1) and (2) of the Punishment Regulations of this case, which served as the basis of the re-determination of this case, only stipulate sanctions against the relevant players and their teams, who are parties to the contract, in the event of a violation of the contract of the players or the reversal of the contract of a foreign players, and includes the transfer of the relevant players and their teams, and can also impose the same sanctions.