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2009 Boxing / Boxe Disciplinary Partially Upheld English Appeal Procedure

Parties & Representatives

Appellant: Jae Joon Yoo
Appellant Representative: Jorge Ibarrola; Claude Ramoni
Respondent Representative: Afshin Salamian

Arbitrators

President: James Robert Reid

Decision Information

Decision Date: January 22, 2010

Case Summary

The case revolves around Jae Joon Yoo, who was elected President of the Korean Amateur Boxing Federation (KABF) in January 2009, and his subsequent disputes with the International Amateur Boxing Association (AIBA). AIBA raised concerns about the legitimacy of Yoo’s election and alleged misconduct by KABF, including allowing an overweight boxer to participate in a qualifying tournament and sending an unqualified team doctor to the AIBA World Junior Championships. AIBA initiated disciplinary proceedings, suspending KABF members from official events pending investigation. The Seoul Prosecutor’s Office later found insufficient evidence to support claims of election irregularities, attributing the allegations to internal factional disputes within KABF.

The Court of Arbitration for Sport (CAS) examined AIBA’s jurisdiction to impose sanctions under its Disciplinary Code, confirming that the AIBA Disciplinary Commission has broad authority to address breaches of its rules, including provisional suspensions. The CAS also upheld the AIBA Executive Committee’s power to suspend national federation members if deemed necessary. Procedural concerns regarding the Disciplinary Commission’s composition were addressed, noting that any defects could be remedied in subsequent appeals.

The CAS found that Yoo’s failure to comply with AIBA’s Executive Committee decisions constituted a serious violation of AIBA’s statutes, warranting disciplinary action. Specifically, Yoo was accused of appointing an unqualified team doctor, Woo Sik Shin, for the 2009 World Junior Championships, knowingly circumventing AIBA’s ban on KABF representatives. Yoo argued that he acted in good faith, but the panel rejected this claim, citing his extensive experience in sports administration. The panel concluded that Yoo’s actions violated Article 45 of the AIBA Procedural Rules, which addresses serious violations of AIBA statutes, and upheld the sanctions imposed, including a fine and suspension.

Yoo appealed the AIBA Disciplinary Commission’s decision, claiming procedural irregularities, such as being denied the opportunity to present his case fully and attend witness examinations. The CAS panel acknowledged these procedural shortcomings but noted that Yoo had opportunities to address them during subsequent appeals. The panel ultimately upheld the validity of the AIBA decisions, emphasizing the binding nature of AIBA’s disciplinary measures on its member federations.

The final ruling reduced Yoo’s suspension to the minimum six months stipulated by Article 45, effective from 31 July 2009, and dismissed all other claims. The case highlights the challenges of enforcing disciplinary measures in international sports governance, the importance of procedural fairness, and the consequences of disregarding international federation regulations. It underscores the balance between disciplinary actions and procedural rights, reinforcing the authority of international sports bodies to enforce their rules while ensuring affected parties have recourse to appeal mechanisms.

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