It’s not over yet!
September 18th, 2013
By Jung Min-ho
Heungkuk Life Pink Spiders Friday said it will take the case of its former player Kim Yeon-koung to the Court of Arbitration for Sport, unless the International Volleyball Federation (FIVB) accepts its appeal.
Heungkuk’s announcement follows the FIVB ruling in Kims favor on Sept. 6, allowing the 25-year-old to play for her Turkish club Fenerbahce.
The FIVB made it clear that Heungkuk Life is Kims Club of Origin, but said Kim should be allowed to play for the 2013-2014 season in the Turkish club if a transfer fee is paid and it should not exceed 228,750 euros ($303,757).
The FIVB reversed its decision made twice in October last year and this April, Heungkuk Life Pink Spiders President Kwon Kwang-young told The Korea Times. Thus, it is highly suspected that Fenerbahces unofficial lobby was the only reason for the change in its previous position.
Previously, the FIVB stated that Kims transfer deal should be discussed with Heungkuk Life, which has the ownership of the player, said Kwon, noting Heungkuk Life has not received any contact from Fenerbahce since January regarding the matter.
The latest FIVB decision also said Kim will become a free agent after the 2013-2014 season unless she signs a contract with a Korean club.
The regulations of the Korean professional volleyball league states that a player may not seek a transfer from her original team until a player spends six seasons there, Kwon said. Because Kim played only four seasons in the Korean league, she cannot acquire free agent status.
The Korea Volleyball Association (KVA) issued a temporary International Transfer Certification (ITC) on Oct. 22 last year in consideration of her 2012-2013 season schedule in Turkey, noting the ITC would be invalid if Kim does not renew her contract with Heungkuk Life in three months, Kwon said.
Kim and Fenerbahce have used the invalid ITC since, he said. What they have done seriously damaged the authority of the Ministry of Culture, Sports and Tourism and the Korea Olympic Committee, the KVA and the Korean league since they agreed to the terms before issuing the ITC at a meeting.
Kims agency Inspokorea defied Heungkuk Lifes claim about the unofficial lobby in a statement issued Monday, noting Heungkuk Life should respect the decision of the FIVB.
September 12th, 2013
Kim Is FREEEEEEEEEEEEEEEE!
As a matter of fact, she is currently traveling with the Korean National Team for the Asian Championship in Thailand from September 13th to September 21st.
Thank you so much to Kim Jiyoung (Twittwer: @gentle0402) for all the translations from the start until Kim was granted her freedom.
September 12th, 2013
Heungkuk Pink Spiders reacted strongly against FIVB’s final decision about Kim’s transfer issue.
HK said FIVB made legal misinterpretation over the final decision and chose the decision with ruling out the point on purpose. Also HK mentioned “There hasn’t been any attempt to negotiate from Fenerbahce since Jan this year but FIVB planned to reconsider it, which seems FIVB is trying to help Fenerbahce with Fenerbahce-biased attitude. FIVB’s determination about ‘Transfer fee limitation’ is totally against commonsense of professional sports and it’s the result of ignoring the authority of Korean local volleyball.” Also they raised suspicions about the impartiality of FIVB’s all process to make this decision.
The person from HK added by saying “In conclusion, this decision was caused by FIVB’s misunderstanding all processes and fact, We will do our best so that the right decision would come up at retrial by delivering exact facts and truth. If our demands aren’t met, HK will work together with KOVO and file a complaint to CAS (Court of Arbitration for Sport).”
Kim’s agent ‘Inspo Korea’ tells about the truth related to FIVB’s decision to correct wrong and false report.
▶There wasn’t any Fenerbahce’s informal lobbying to FIVB.
HK raised a question of Fenerbahce’s informal lobbying to FIVB by releasing press materials to newspapers but it’s not true.
Fenerbahce did send the official documents to FIVB though formal legal processes on 20th of June and 5th of Aug.
▶Kim’s New contract with HK isn’t allowed.
On HK’s press material, it reports Kim has only two choices – Sign a contract with HK and go as a lease-transfer OR Taking a rest for one season. However, it’s totally different from FIVB’s decision. Rather, FIVB’s document states in detail that Kim’s new contract with HK is prohibited. Fenerbahce explains HK can’t block Kim’s way to transfer when the determined amount of transfer fee (Max.228,750 euro) is paid.
▶ FIVB accepted Kim’s opinion that the rule of KVA and KOVO is excluded in the case of international transferring.
On the document of FIVB’s final decision, it states the rule of FIVB is prior to all local rules in the case of international transfer, so the rule of KVA and KOVO shouldn’t be applied to this case. Therefore, once a player’s contract with a club is over, the player is free to play in international club. Fenerbahce said they absolutely esteem FIVB decision.
▶All official documents shouldn’t be opened or released in public without FIVB’s prior consent.
While worrying about false report and misunderstanding over this issue, Fenerbahce said it seems FIVB understood fact and truth about Kim’s conflict almost. Also Fenerbahce is very sorry that the document can’t be opened or mentioned more to fans and asks to be excused for this matter.
▶FIVB’s official announcement on 10th of Oct last year wasn’t based on respecting local rule or law.
It wasn’t true that On 11th of Oct last year, KVA announced by the media FIVB had sent the document that said FIVB admitted local rule of KVA and KOVO over Kim’s recent club and contract. But we discovered it was not true. So it is confirmed FIVB’s announce on 10th of Oct last year was based on ‘The agreement’ on 7th of Sep last year, not respecting local rules which means FIVB finally accepted Kim’s opinion.
▶This final decision is the answer of the question that Kim raised on 14th of Sep last year.
After signing ‘The Agreement’ on 7th of Sep last year, KVA asked FIVB some questions ‘Questions A,B on 14th of Sep, 2012’ which included –Application of local rule in international transferring & the effect of Player’s identity and condition such as FA right and Arbitrary withdraw in international transferring. Finally Kim heard the answer of it that local rule should be related to ‘International transferring’ by this FIVB’s decision on 6th of Sep.
Kim has struggled for a long time because there wasn’t a precedent. But because of this FIVB’s final confirm, all local players in Korea can have a right to play abroad when the contract with local club is over regardless of FA qualification. This decision makes clubs have to sign long-term contract with players to protect the team and it will be a chance to guarantee player’s right to play stably.
Until now, HK has always claimed Kim should follow the rule and respect FIVB’s decision. Now it’s time for HK to follow FIVB’s decision judged by FIVB rules and laws.
However, some said Fenerbahce signed 4-year contract with Kim but it was confirmed as a false. As Inspo Korea announced last year, Kim’s contract with Fenerbahce is for 2 years (2012/13 and 2013/14) and nothing hasn’t changed yet.
September 11th, 2013
Finally, happy ending. I am so happy to see that. Viva Kim Yeon-koung!!!
On 6th Sept, FIVB sent the document which contains their final decision about this issue to KVA, HK, Fener, and Turkish Federation. The whole content of document is not allowed to open unless FIVB’s prior approval. The essence of the decision is following. Thanks to whom captured the head part of script on screen from here. (Via DC gallery site)
DECISION in the matter
Fenerbahçe Spor Kulübü (TUR) vs Heungkuk Life Insurance (KOR)
Regarding the transfer of Ms. Yeon-Koung Kim (KOR)
From Korea to Turkey:
1. The Korean Club is the Player’s Club of Origin for the 2013/2014 season.
2. The total amount of transfer fee(s) in favour of the Korean Club and the KVA for the transfer of the Player to the Turkish Club for the 2013/2014 season shall not exceed EUR 228,750. The Player’s transfer to the Turkish Club shall not be subject to any other or further restrictions of any kind.
3. After the 2013/2014 season the Player shall be deemed to have no Club of Origin, unless a valid employment contract is signed between the Player and any Korean Club in accordance with the FIVB Regulations.
HK strongly claims to FIVB about this decision. and said that they became so skeptical to menage a pro volleyball team and even thinking to stop ‘supporting’ a volleyball team. Also said that they want to bring this affair to CAS. Through the media, they insist that Kim has to sign a new contract with them 1 year as a loan abroad + 2 year in domestic league. BUT, according to Kim’s agency, FIVB definitely and specifically sated on the document that Kim does not need to sign any other kind of contract with HK. FIVB explained that local FA rule of KOVO can not be applied to the international transfer, and this case of international transfer they should respect FIVB regulation. If Korean club does not have proper contract with specific expiry date, player can freely make contract with other clubs aboard regardless of they are obtained FA status or not. Since now korean clubs made annual contract and re-newed it for 6 years, but it seems that they should make 6-year contract at the beginning if the club want to insist their 6 years rights on players. Many players forced to be retired from KOVO until they fill 6 years.
September 4th, 2013
Heungkuk “ Open the documents that were sent to FIVB…..the truth must be clarified to people.”
HK required FIVB to punish Fenerbahce
The conflict over KimYeonKoung’s transfer is about to turn into ‘Truth or Dare’ between Fenerbahce and Heungkuk.
Before the committee of FIVB in Lausanne, Swiss, Fenerbahce and Heungkuk has sent their opinion document to FIVB. The main of this conflict is which team KimYeonKoung belongs to and plays but this fight over ‘Club of Origin’ is becoming emotional dispute between two clubs.
Heungkuk requested the punishment for Fenerbahce on the document that HK sent to FIVB. Also HK suggested that these two clubs should open all documents delivered to FIVB to media and prove who is telling lie now. HK judged HK totally lost its reputation because of Fenerbahce’s ungentlemanly behaviors and false claims, so HK said they won’t yield an inch anymore. Park,Jin-Ho, Vice owner of HK Pink Spiders confirmed HK demanded FIVB the punishment for Fenerbahce’s intentional illegal actions yesterday.
If FIVB accepts HK’s request and discovers Fenerbahce’s intentional illegal actions, Fenerbahce can be punished. The toughest penalty is the prohibition of recruiting foreign players. In that case, the existence of Fenerbahce can possibly be threatened.
There are three possible decisions that could come up from the legal committee of FIVB.
First, Issue the ITC for 2013-2014 by the authority of FIVB, after then, finally confirm Kim as a player of HK for next two season.
Second, Reverse last decision and Say HK isn’t ‘Club of Origin’ of Kim.
Third, Admit HK as ‘Club of Origin’ and say there won’t be ITC until Fenerbahce and Kim solve this problem with HK.
First possible decision is a compromise that gives proper justification and practical benefits to clubs. Second decision would bring the defeat of HK and Third would bring the defeat of Fenerbahce.
September 3rd, 2013
Suddenly FIVB pressed KVA to issue ITC for KimYeonKoung – FIVB’s duplicity
KVA, KOVO, Heungkuk disagree-struggling to find proper action.
KimYeonKoung’s problem about transferring has got twisted by FIVB’s duplicity.
FIVB confirmed that “Heungkuk is KimYeonKoung’s ‘Club of Origin’ 10th of Oct last year. Clubs interested in Kim must discuss Kim’s transfer for 2012-2013 and 2013-2014 seasons with HK, KVA(Korea Volleyball Association) and KOVO(Korea Volleyball Federation). FIVB doesn’t need to intervene in this problem anymore.” through KVA this April. That was the final determination to complete this problem. But recently FIVB planned to hold the legal committee and mentioned about issuing Kim’s ITC for upcoming season. Eventually it makes KVA and KOVO quite upset.
KVA and KOVO asked some questions on official document to FIVB.
▲Why FIVB will review the final determination about Kim.
▲Whole process of the legal committee
▲This FIVB’s movement could cause serious chaos in Korea Volleyball.
KVA who wondered the legal committee of FIVB even help an emergency meeting to figure out actions to take on 31st of Aug.
It seems FIVB’s step is the result of Fenerbahce and Turkish Volleyball Feneration’s lobbying. Fenerbahce sent the president of TVF a letter of request mentioning Kim signed 4 year-contract with Fenerbahce and this contract must be protected. Finally TVF delivered this letter to FIVB. Related to this letter, FIVB also asked HK to answer on paper about it. HK claimed Fenerbahce’s claim about 4 year-contract is false and even requested FIVB to punish Fenerbahce for disobeying the determination of FIVB. The decision related to this issue will be come up soon at the meeting held in Lausanne, Swiss.
Because of opening the committee, FIVB is suspected of intention. FIVB does let the lawyer of Fenerbahce who received the power of attorney join the committee but didn’t inform HK of exact schedule of the committee. According to the document FIVB sent to KVA, FIVB mentioned the possibility of issuing ITC for Kim Yeon Koung without permission from HK and it looks FIVB already had made the final decision first and pretended to act.
August 5th, 2013
From Kim Yeon Koung translated by Jiyoung Kim:
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.
Here are the explanatory materials I prepared for today.
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.
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. 5 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.)
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.
I deeply thank you, the committee for your hard work for volleyball in Korea.
July 24th, 2013
Heartbreaking Day for Kim and her fans!
Kim loses appeal.
This is going to hurt her career even more. Will she quit playing for Korea now? It’s possible.
KOVO has dismissed Kim’s appeal despite every effort she’s done.
KOVO stated that Kim’s objection is also rejected since she didn’t satisfy the requirements of a “Free Agent” player. KOVO’s decision to make Kim Yeon Koung ‘arbitrarily withdrawn’, the committee explained as reasonable and right thing to do.
“A player is considered to belong to the club until KOVO announces the player’s movement even though the contract is over. Also, the retirement is dependent on KOVO’s permission.” -KOVO’s lawyer.
The lawyer also adds that KOVO has dealt and handled the case in all the right ways.
After the hearing, the broken angel Kim didn’t release to the media the next steps she’d take. As far as we know, she has 10 days to appeal the decision.
July 16th, 2013
Here’s the video and full transcript of Kim’s statement about her battle versus her former club team and Korean volleyball entities.
I’m KimYeonKoung, I am a volleyball player but first of all, I am Korea citizen who loves this country a lot. I deeply thank for supporting and cheering me to Korean people and my fans. Also, I am so sorry for making you worry about me. I bow my head, and extend my apology for your worrying.
I’ve followed the rules. I’ve done nothing wrong. In spite of many misunderstandings on me, I never did complain about it. I’ve done all I could do to solve this problem for last one year. But, Heungkuk didn’t change their attitude. HK even required me to apologize first. It reminds me of a saying “The thief turns on the master with a club.”.
I am here today to tell you the truth. Last 2nd of July, my fans requested the administrative audit of KVA to the Border of Audit and Inspection of Korea. They even started to do a protest for me since 6th of July. They have no direct concern with this matter but they are standing for me. No one can cover up the heaven with one’s palm.
My fellow citizens!
Please keep your eyes on this matter to correct the wrong so that my fellow players can be treated with right and fair way later. I’m not asking lots of things. All I want is making decisions based on the rules and basic principles without any distortion. I’ve been struggling with this matter upon my life as a volleyball player to set a good precedent.
Above all, I’d like to start with misunderstanding and distorted facts related to this problem.
Through the notices sent to public organizations and articles to media, HK said I begged politicians to change the rules with using fan’s love and ignored rules as a star player, and even HK made me a player who was saturated with entitlement.
I couldn’t understand how HK delivered the twisted fact which was totally out of the truth in official document to people when any result or solution didn’t come up yet and what was HK’s ulterior thought.
I never asked to change a rule.
At the 2nd meeting with HK in Last month 20th, I told HK to give me a punishment based on the rules if I really did wrong. But HK mumbled the clear answer saying it’s pointless to mention rules or laws now. HK always said “We overlooked her fault” where I wasn’t with them but HK did evade answering and discussing upon the rules in front of my face.
I never wanted any special favor or exception. From the very first, I have always asserted that we all have to follow the rules. As you know, it is hard for me to show you the truth again the big company like HK. I NEVER VIOLATED ANY RULES as I say. It isn’t regulation of violation to avoid resigning with a former club. There wasn’t any problem in the case of playing out of Korea.
I was declared as an ‘arbitrarily withdrawn’ again on 1st of July just like the first time on 2nd of July in 2012. Even though it was my second time to be an arbitrarily withdrawn, KVA hasn’t answered why I became ‘arbitrarily withdrawn’ even twice. Also I wonder KVA properly applied the rules of ‘Arbitrarily withdrawn’ to me and how HK registered me as a player of Pink Spider without my signature and any document.
Some people said “How about going as a lease transfer? You can still earn lots of money, too.”. Of course I didn’t need to fight against HK and could just ignore the truth if all I wanted is just money and financial benefit.
Last year, KVA proposed “Permanent lease transfer to clubs out of Korea” as a HK players but I rejected it because I should not leave a bad precedent volleyball affairs and laws for junior players.
If what I’m doing now can help my fellow players and juniors, I will stand on the right way no matter what it costs me. It is so unfair to bend a rule to club’s favor. To prevent a recurrence of my case and fairly apply the rules to my fellow players, I am pouring all I’ve got, even my life as a player.
Claiming the ownership of me, HK said I should resign with HK because the terminated contract in 30th of Jun in 2013 was the contract related only to “Salary”, not to “Term”. But it is unreasonable demand. There’re lots of players who were forced to retire by clubs without resigning even though players still need more seasons to get a FA condition. KVA is okay with the fact that clubs doesn’t resign with the players but doesn’t allow the players to reject to resign with former clubs in the same situation? It is absolutely unfair to players.
I entered Heungkuk Pink Spiders through the draft in 2005. According to the rule in 2005, the fixed term of contract was 5 years because I was the first-round draft choice. So, HK’s contract with me was already over in 2010. After the term is over, no club can assert the ownership of a player without any document form stating Term, Salary authorized by player’s signature.
HK already knew that KVA must followed the rule of FIVB in the case of international transfer. Nevertheless, KVA rejected to issue ‘ITC’ for player who doesn’t have FA condition and cited KVA can disapprove a FA-unquailified player’s moving to international clubs. There isn’t a word ‘Free Agent’ in FIVB’s rules and nothing about disapproval for transfering of a FA-unquailified player is mentioned in FIVB’s rule. If there is, please tell me which clause mentions and prove it to me.
In 1st of July, HK brought civil action against my agent ‘InspoKorea’.
According to thematerial submitted by HK to the court, HK already had admitted HK had to follow FIVB’s rule in the case of international transfer. This HK’s opinion was in concordance with my opinion which I kept saying since this conflict started.
HK already knew the truth but they distorted my opinion by saying Kim and her agent abused the blind spot of the rules for her personal benefit.
KVA rectified the rules about international transfer to make up the incomplete rules early this year. But, in fact, once a player’s term on the contact paper is over, there is no ‘Club of Origin’ of the player, no matter how KVA changes the rule to hold the player. Then the player is totally free to go wherever she/he wants to play.
In my opinion, KVA has to try to match the required term for FA with the term on the contract between players and clubs to address FIVB’s rule. Then it will stabilize an unstable contract for players.
In 11th of Oct last year, I heard directly that the contract with Fenerbahce and in July had no problem at all from the person of FIVB in Doha, Qatar. So I asked “Why did FIVB mentioned HK is the ‘Club of Orgin’ on the notice on 10th of Oct if I am internationally free?” The person said “There is no reason to make other decision because you admitted that HK is your Club of Origin through the intercession of KVA.”
I have never accepted HK as my ‘Club of Origin’ since I started the fight against HK. I have no idea why KVA sent such a letter to FIVB mentioning Kim already accepted HK as her Club of Origin when KVA knew I never accepted so well.
Then lots of people wondered why I did sign. Here is why I signed the agreement last year. Last year, KVA promised me a fair and objective intercession and threatened me saying KVA would give me serious disadvantage if I didn’t show up the conference for the agreement. I really needed the ITC issued by KVA , so I had no choice except following KVA’s order.
KVA said to me “Because the opinion about international transfer between Kim and HK is too different. So, let’s make only one copy of agreement written in Korea and KVA will keep it in a personal safe of the president of KVA. I promise not to leak this agreement to any one or any organization. This agreement won’t be the basement of any conclusion.” I and my agent asked KVA to write a formal document to make it sure but KVA rather became angry and said “Kim, trust me. I will compensate your salary if I don’t keep my promise.” And I remember replying “Really? Will you?” to him. My lawyer told me not to sign on that agreement written in Korean, but I really needed the ITC because I was about to go to Turkey next day. I doubted KVA’s promise but I trusted because he was so sure of his decision and promise.
7th of Sep, last year, I was here at the Press center to sign the agreement and have an interview. But if you see some pictures of that day, you can easily see that I did sign not because the problem was solved. If that day was the end of the conflict, KVA shouldn’t have asked the answer to FIVB on 14th of Sep last year about ‘Validity of arbitrarily withdrawn player’s international transfer’ and ‘Whether the period as a lease transfer should be included to FA conditional term or not’.
I was so sure FIVB would take my side if I asked FIVB about the situation of July last year. Because my contract with Fenerbahce had no problem at and there was no my ‘Club of Origin since 1st of July last year after finishing the term wit HK on 30th of June last year.
‘The notice of FIVB on 10th of Oct’ was decided only based on ‘the agreement on 7th of Sep’. I can’t still accept this because the facts KVA told FIVB was totally different from the facts KVA told me. Also, It is really hard for me to accept even when KVA hasn’t received any answer about ‘the questions on 14th of Sep’ from FIVB.
Last meeting, HK told me that player must learn the good attitude to accept a result of a game.
That’s right. But in sports, result isn’t the only one important thing but also fair play and the process.
I have played fair. All the process I’ve been through has nothing wrong by following rules. But..In this case, the result was a miscarriage of justice. When a miscarriage brings wrong result, everyone has their right to objecting it and asking to look into it carefully. Surely, sometimes we have to just follow the result.
But if the result caused by a miscarriage seems to affect on other games, it is so natural that an organization starts to define the problem very deeply. Even this case, the result can affect on player’s life and whole volley players, don’t you think KVA must start to define it very carefully so that the right of player can be forfeited?
All my fault when I signed the agreement on 7th of Sep last year is I did trust KVA as a volleyball player. And it resulted in the endless days of pain and betrayal in my life.
I am so sad that a volleyball player can’t trust the ‘Volleyball Government, KVA ‘anymore. Who was KOVO was established for? Who does KVA speak for? A player is not a property to sell or buy. The fact that players are treated as a thing of Clubs breaks my heart.
HK cited “HK has no intention to make benefit by Kim. All HK worried is that it could destabilize the whole volleyball system and block the development in the future if KOVO’s rule is violated by one player and bad example is settled. For the whole sports in Korea including Volleyball and the future of Korean sports, we can’t let Kim play out of Korea.”
HK pretended the whole sports and volleyball system was put in danger by me. And HK sent the official document that included these unreasonable claims to organizations including FIVB and media. I don’t know what basis HK denounced me on.
In Jan, the leader of Pink Spiders, Mr.Kwon visited Turkey without any advance notice and suddenly suggested me ‘How about making a contract with Fenerbahce like Mr.Ryu did with LA Dodgers?’ So I answered “I don’t have the authority to make that kind of decision The decision related contract must be discussed with Fenerbahce.” So, he met Mr.Hakan and suggested that HK will hand all right related to KimYeonKoung to Fenerbahce if Fenerbahce gives HK 1mil dollars but I heard the discussion wasn’t successful.
Now, HK has put in a claim for damages against InspoKorea insisting the agent caused one million dollar damage to HK by arranging the contract between Kim and Fenerbahce without informing HK of that contract.
In fact, we had informed KOVO of our opinion that we’d like to make a good deal for both Kim’s career and HK’s financial benefit based on approval of international transfer before Kim’s contract with HK was over but HK did reject the proposal. We already did inform HK but HK still claims the agent is responsible for this conflict.
Finally, HK outwardly works for reasonable causes mentioning rules and principle but I want to ask if HK wants to hold me forever in their hands and earn lots of transfer fee or financial benefit from me.
I have an important announcement.
I remember the London Olympics last year. The situation was as hard as now. I was so tired at the court. Even though I lost my voice, I shouted to cheer my team up. I jumped as high as I could and I did my best for the win of my country, Korea.
Eventually, my knee got hurt again. I endured the pain of my wound and I poured everything I had to win.
After the last game again Japan, I was overwhelmed with grief even to weep at that time. That was the end of my Olympics.
KVA promised me to solve it fairly but finally didn’t keep the promise.
And one year has gone again.
I request followings to HK, KOVO and KVA.
1. As HK insisted in the last year on July, request to FIVB after having canceled the agreement
2. KOVO, please answer to the official request and claim that I sent on 10th July 2013.
3. KVA, please answer to the official request that I sent on 5th July 2013.
4. KVA, ask to FIVB, about the article 8 of the document
5. Since the arbitration by KVA was unfair, until the decision is made by CAS or domestic law, issue an ITC.
I demand answers about the above 5 questions until 25th July.
I will not play anymore as a player of KOVO, if KOVO dese not give me the answer until 25th.
I will be retired from NT, if KVA does not give me the answer until 25th.
Lastly, I promise to all of you. I , Kim Yeon-koung, will establish a spots foundation for youth, before finishing my career to contribute the progress of Volleyball.
And will do all my efforts to share my experience and ability with others.
Thank you very much.
July 15th, 2013
If there is no resolution by July 25th, Kim will RETIRE from the National Team.
At a press conference yesterday, the MVP of the 2012 Olympics released this statement:
“Problems with Heungkuk Pink Spiders make me very sad. If this problem doesn`t get solved as soon as possible, I will retire from the National team.”
Update on her case released by osen.co.kr:
Kim Yeong Koung is still fighting for her rights. After she has been defined for ‘arbitrarily withdrawn’*, her lawyers and she are constantly working on solving her current unpleasant position in world of Volleyball.
Kim’s agency “Inspo Korea” raises the objection and questions to KOVO through the law firm “HanByul”. According to the rule of KOVO, the contract document is a prerequisite of player registration. But, Kim doesn’t have written contract document with Heungkuk. So her agency questions how she could belong to HK without the document.
Lawyer Tae-Young said: “Regardless of the qualifying condition, when the term on contract is over, player can choose the club to make a new contract like clubs can decide whether they will extend the contract with the player or not. The club’s action for player’s refusal to sign a contract can be done as long as the contract period is still available. In her case, her 5-year contract was already over which means she can choose where she wants to play.”
Also, he said that KOVO didn’t announce why Kim became ‘arbitrarily withdrawn’ player which should be announced under the regulations of KOVO.
Kim and her agency handed the objection form to KOVO that includes the fact that she has never broken any rule and where she expressed her will make a new deal with others by refusing the new contract with Heungkuk, after the term has been terminated claiming she should be “Retired player” instead of ‘arbitrarily withdrawn’ player by the KOVO rules.
“Every disadvantageous action must be explained with right reasons and clear provision of evidence.”, said the lawyer asking for the reason of KOVO accepting HK’s request of Kim.
Meanwhile, Heungkuk Pink Spiders required KOVO to admit that Kim is ‘arbitrarily withdrawn’ player because she was breaking the rules. But, HK and KOVO didn’t mention exactly which rule she broke.
July 10th, 2013
First and foremost, here’s a video of Kim’s fan showing their support for their idol but holding a protest in front of the Heungkuk’s headquarters in Seoul a few days ago.
Now the details of Kim’s never ending saga…
Kim Yeon Koung is angry bird because of the document that her former club team Heungkuk sent in regards to her “free agent” status.
Heungkuk Pink Spiders (HK) has sent the official document explaining the issues between Kim and HK to Korea Volleyball Association (KVA), the Ministry of Culture, Sports and Tourism (MCST), Korea Sports Council (KSC) and Korean Volleyball federation (KOVO).
In that document, HK said Kim has been misleading the truth and claiming false arguments. HK also said “Kim and her agent asked some politicians to change the rules relaying on her fans. When that didn’t work well, she insists that she’s a FA player mentioning FIVB rules.” Moreover HK said “She’d better stop abusing her popularity and thinking of herself as a privileged player. She should try to solve this problem under the right principles and rules as soon as possible.”
Kim and her agent refuted Heungkuk’s theory. Kim said that the document included libelous statements. Kim and her agent emphasized this document wasn’t proper while both sides were still trying to solve the problem.
Last April 25th, 2013, Kim and Heungkuk (HK) had a meeting. At the meeting, they were focusing on the three compromises that Kim had suggested before. (1. Guarantee her freedom of FA for her international transfer. 2. Her promise to be back to HK when she comes back to Korea after her careers abroad. 3. Appearance in HK’s commercials for free.) But HK didn’t accept her proposals. HK still thought Kim belonged to them.
HK makes its opinions clear through the document. HK said “Her suggestions aren’t worth answering but we decided to try to get rid of misunderstandings.” HK emphasized she broke the rules when she signed the contract with Fenerbahce while her contract with HK wasn’t finished without FA right.
The point mentioned above is the biggest difference between Kim and HK. Kim’s side refuted thess issues saying “She actually signed 1+1 transfer contract with Fenerbahce in 2011, but on April, 4th, 2012, HK unilaterally breached that contract without informing her of it. She said HK’s telling a totally different story. When she finally knew about this HK’s unilateral cancellation of the contract last year, she questioned about why HK hadn’t given her any notice. But she received the absurd answer from HK ‘Now you know. Who cares?’ “
She states, from a common sense of view, that it is very incomprehensive to change a contract without permission from the player or without giving any notice.
She thinks that the contract with HK was over on June 30th 2012. “So she freely signed the contract with Fenerbahce on July 6th 2012. If she really broke the rules last July, KVA and KOVO must hold a committee meeting to determine punishment and announce the result. But HK solely sent the document condemning her to official organizations without following the correct procedures. She didn’t extent her contract with HK because she didn’t want to belong to them anymore. I wonder on what legal basis HK can claim Kim is on HK like their own property.” her agent said.
April 26th, 2013
Then feel free to read more drama below.
Before we forget, KYK has been named as an Ambassadress for Korea’s Department of Tourism. Congrats Kim YK!
Now read the latest on her struggles to break free from her former club team.
April 26th, 2013
We’ve been informed that Kim Yeon Koung and her legal team tried to meet with Heungkuk to try to end this drama once and for all. Sadly, Heungkuk did not show up but submitted 2 demands in order to settle:
1. Heungkuk demands that Kim Yeon Koung must honor and accept accept FIVB’s decision that she belongs to Heungkuk and she is NOT a free agent.
2. Heungkuk demands a public apology from Kim Yeon Koung.
On the other hand, Kim is requesting Heungkuk to dissolve her contract with them and change her status as a “free agent”.
We feel very sad for Kim.
After a long season in Turkey with Fenerbahce, it looks like she has another battle to face. Both parties will try to settle again next month.
January 25th, 2013
HKL going to Turkey without notice, was it just?
The negotiation end date was the 21st. However the conclusion was a fall through. HKL and Kim Yeon-koung are drawing a parallel again.
This negotiation is based on four solutions derived by the meeting hosted by the Ministry of Culture, Sports and Tourism regarding Kim Yeon-koung’s status problem back in October 22nd of last year. Among these includes the conclusion ‘understanding that according to current regulation, Kim is under HKL, within three months, a contract regarding foreign transfer needs to be resolved.’
First of all, the first friction was the willingness to negotiate. HKL says they were active. They have attempted to send Kim correspondence, email, text message, etc. to proceed negotiations. But they say Kim was unreachable. They say she contacted them 10 days before the three-month period was closing. Kim’s side says otherwise. They wanted to hear from KVA affiliates directly before giving an answer. At the time, the affiliate was away on business, so Kim’s side has met him twice after on December 22nd and January 5th.
After that, Kim’s side sent three requests to HKL to be answered. >> To keep the promise made with affliate entities during the parliamentary inspection. >> The contract with HKL in order to comprise the lease form must be made keeping the original contract made with Fenerbahce. (As promised, there cannot be changes or additions made) >> KVA’s official document on November 23rd of last year stating “if Kim does not agree to this they will not issue 2013-2014 season’s ITC” is an unfair request by HKL and if the negotiation cannot be resolved by the given time limit, KVA must take this into consideration and guarantee that there is no future damage.
HKL, on the 18th, visited Fenerbahce in person to wrap up Kim’s contract. Kim Jang-hee of KOVO’s manager of game support team accompanied him. However, Kim’s side says HKL ignored the protocol of visiting. Commonly if Club A’s affiliate were to meet with Club B’s affiliate or player, they need to notify through an official correspondence then after confirmation, making the visit is according to protocol.
Their stance on what happened after the visit is also split.
HKL say they offered Kim ‘two years abroad then returning to Korea.’ When this offer was not accepted, HKL claims they offered Fenerbahce Kim’s ‘complete transfer.’ It’s been said KOVO’s manager Kim was very surprised. HKL stressed their offer of $1 million in transfer fee in comparison to other sports international precedents is very low. Even so, Fenerbahce stated ‘transfer fee is customarily 5~7%,’ offering a ridiculously low rate, so HKL refused discussion.
Kim’s side refuted. They say ‘HKL saying they offered Kim two years abroad then returning to Korea but she refused’ is not true. The point is that HKL’s general manager Kwon didn’t make such offer. Also, they say Fenerbahce was quite surprised by the unexpected offer of transfer fee for complete transfer. Commonly in volleyball, in the case of foreign transfers, most players sign with 1-2 year terms. It is true they are free to move around after the time is up. This is the reason Fenerbahce could not agree to HKL’s offer. Even with that in mind, Fenerbahce formally accepted the sales offer to pay 5-7% of her current salary. The reason Fenerbahce considered the complete transfer offer was in consideration for Kim going through hard times with HKL.
Kim’s side also revealed that general manager Kwon got a warning from Fenerbahce. Kwon was trying to follow Kim around her training schedule saying “The negotiation needs to be wrapped up. Is training really important right now, there is no use playing in Fenerbahce if the negotiation is not done. It’s not important to go to Poland. We can go to Poland.” They shared that Fenerbahce warned him saying, ‘The most important thing to the player is the training. We cannot make the player uncomfortable prior to the game. If you follow us to Poland, we will never allow you to be in contact with the player.”
If this is the truth, this is an international disgrace. From getting on a flight to Turkey without any prior notice to trying to disturb training is cutting away the credibility of Korean volleyball to the world. Where is the end to this deeply divided conflict, a fight for the truth?
January 24th, 2013
Kim Yeon-koung’s side, “HKL didn’t even notify of the visit”
The fight around Kim Yeon-koung (24, Fenerbahce) is in danger of falling into muddy waters once again.
Kim’s agent InsoKorea (Rep Yoon Ki-young) on the afternoon of the 24th stated through a press release that he objects to HKL’s report of “the negotiation with Kim has fallen through.” In the press release, InspoKorea explained, “it is true that HKL has sent text message and certified mail many times, but we wanted to answer after hearing the specifics from KVA affiliates.”
Afterwards, InspoKorea had meetings with a KVA affiliate twice, on December 22nd the past year at Intercontinental Hotel and on January 5th of this year at Shilla Hotel, and they wanted to talk to HKL based on these conversations. Especially since Kim is in mid-season currently, they wished to officially communicate via email to exchange comments, however on the 21st, HKL’s General Manager Kwon and a KOVO affiliate went to Turkey in person together, he explained.
Regarding this visit, InspoKorea asserted, “HKL did not notify Kim beforehand that they would be going to Istanbul and tried to meet her through Fenberbahce Club” and that “the ‘two years foreign play and returning to korea’ said to have suggested by Kown is not true and she did not get such offer.”
Rather InspoKorea explained that HKL suggested to sell off the athlete between clubs during the negotiation meeting with Fenerbahce affliates. The selling between club is a sort of a posting system such of recent Ryu Hyun-jin who advanced to the major leagues(baseball). The $1 million HKL was talking about was for this sell amount, and Fenerbahce was taken aback by the sudden request, therefore the negotiation fell through.
InspoKorea gives three reasons that HKL’s sell request is unjust. First, HKL is currently not under contract with Kim. Second, Kim’s current contract with Fenerbahce needs to be invalidated. Third, all three parties, HKL, Kim and Fenerbahce, need to be in agreement with the conditions.
HKL is still not acknowledging the existence of an agent. InspoKorea’s Yoon also said “No one was notified regarding the visit to Turkey” and asked back, “how is Kim supposed to answer with a sudden visit from HKL without any prior communication?”
Like an infected wound bursting, how Kim’s problem that has heated up once again will be resolved? One thing is for sure. They’ve come too far to end in a happy ending for all.
January 23rd, 2013
The negotiations surrounding the status of Kim Yeon-koung(25) who is playing in the Turkish women’s volleyball league and pro volleyball club Heungkuk Life(HKL) has fallen through.
HKL revealed on the 22nd, “We offered ‘two years abroad and returning to korea after’ to Kim but she refuse this, and lastly offered even ‘complete transfer’ but Fenerbahce club denied on the basis of not suitable transfer fee.
HKL’s General Manager Kwon personally sent to Turkey on the 18th and tried to negotiate with Kim but was not able to bring the interests closer.
HKL explained that Fenerbahce expressed in Europe there is no Posting practice like that of Korea, refusing the transfer fee for complete transfer, standing firm of ‘around 5-7% of the salary’ resulting in a non agreement.
It’s been said HKL put up 1 billion won (~ 1 million dollars) as the transfer fee. July of last year, Kim signed a contract for 2 years with a salary of 1.5 billion won (~1.4 million dollars).
On the 8th of this month, Kim sent an email to HKL, KVA and KOVO expressing “the original contract with Fenerbahce needs to be honored” and “I want to continue playing as an internationa FA.”
After that on the 16th, she requested “The transfer agreement with HKL needs to be written with basis that the existing contract with Fenerbahce will be maintained and will terminate June 10th of this year.”
The ‘negotiation on the edge’ between HKL and Kim was not able to be resolved and with that the agreement made by the government and the Sports associates back in October that allowed Kim to go abroad may also be in danger of becoming annulled.
Kim and HKL have been in conflict regarding the athlete’s foreign transfer after the London Olympics.
Kim’s stance of wanting to play in a bigger stage and the club’s stance of not recognizing an athlete without FA status putting forward an agent to independently sign with a foreign club has run a parallel.
This problem was talked about even in the parliamentary inspection, showing signs of turning political, the government and the Sports associates opened the way for Kim to play in Turkey in October 22nd of last year.
The ITC would be issued right away, but there was a condition that within 3 months Kim will sign a transfer contract with Fenerbahce under HKL and the FA regulation would be modified.
Afterwards, Kim went to Turkey directly and started being active, but until the time limit was almost over, the negotiation did not progress at all.
And because of this HKL’s General Manager went to Turkey personally to attempt to resolve for the last time but fell through.
The second clause of the decision from three months ago was not met.
Kim will be in limbo, not an FA nor a transfer under HKL, and it is unclear whether she will be able to play in the future.
KVA sent an official document to Kim and HKL on the basis of the committee meeting from October of last year making firm that “the above result is not a mediated settlement but rather a decision” and that “if Kim does not agree to this they will not issue 2013-2014 season’s ITC.”
Furthermore, KVA has not consented to a replacement ITC stating her as a player of HKL, so there is possibility that this season’s activities may be on halt.
However, regarding the decision made in October, Kim’s agent Yoon of InspoKorea refuted “At the time of the meeting, the decision was made without the athlete even being present, but Kim agreed.” and that “the notion that she is not trying to negotiate with HKL is trying to blame Kim for the fall through.”
He posed a question, “In the decision, it’s noted ‘if Kim does not agree’ the ITC will not be issued, but who will take responsibility when HKL does not agree?”
Kim, in the email mentioned above, requested that “if HKL’s irrational offers are the reason the negotiation cannot happen in the time limit, KVA should take this into consideration and make sure there is no damage.” but it is unknown whether this will be accepted.
Finally, during KOVO’s committee meeting on the 18th, women’s regulation was not resolved during the FA regulation revision discussions, so this will very likely be unfinished as well.
HKL expressed, “It is regretful that Kim would ignore the decision from an institution that has public credibility and rely on the politicians to satisfy her wishes, wanting special treatment with a ‘persistence will pay off’ attitude” and that “to find a resolution, we will work with the affiliate institutions.”
The bottom line:
Kim Yeon Koung is NOT free and the conflict between her and her former club team seem to be far from being resolved.
Kim doesn’t deserve to go through something like this. She is one amazing athlete and she brought Korean volleyball back on the map. Obviously, her old team wants MORE MONEY knowing that she is the highest paid female athlete in the world right now. Her contract with Fenerbahce is reportedly worth US$1 MILLION.