The case involves an appeal by FIFA against a decision by the Korea Football Association (KFA) regarding a doping violation by player Kang Soo Il, adjudicated by the Court of Arbitration for Sport (CAS). The player tested positive for Methyltestosterone, a prohibited substance under the 2015 WADA Prohibited List, after using a product called Microgen, which contained the banned substance. The KFA initially imposed a 15-match ban, later reduced to a six-month suspension, citing the player's lack of intent, prompt admission, and the product's Japanese labeling, which he did not understand. FIFA appealed to CAS, arguing for a stricter two-year sanction, asserting the player failed to exercise due diligence in verifying the product's contents.
The CAS addressed several key issues, including jurisdiction, admissibility of appeals, and the definition of a contaminated product. It ruled that FIFA had the right to appeal directly to CAS without exhausting national remedies, as the player qualified as an international-level athlete under FIFA regulations. The CAS rejected the player's jurisdictional challenge, affirming its authority to hear the case. It also dismissed the player's cross-appeal for procedural non-compliance, emphasizing that cross-appeals must be filed separately and meet specific requirements.
On the merits, the CAS found the player negligent for not verifying the product's ingredients, despite the language barrier, and rejected his claim of no significant fault. The panel emphasized the strict liability principle in anti-doping regulations, holding athletes responsible for any prohibited substances in their bodies. It ruled that the standard two-year sanction for unintentional use of a non-specified substance applied, as the player failed to prove his negligence was insignificant. The CAS also rejected arguments for a reduced sanction based on prompt admission, as this provision only applies to cases with a maximum four-year ineligibility period.
The CAS upheld FIFA's appeal, imposing a two-year ineligibility period, effective from the award's date, with credit for time already served and an additional 43 days due to procedural delays by the KFA. The panel urged the KFA to align its anti-doping rules and education programs with FIFA and WADA standards and called on FIFA to ensure the KFA's compliance. The decision underscores the importance of athletes' responsibility to verify product contents and the rigorous enforcement of anti-doping rules, regardless of personal circumstances or language barriers. The ruling highlights the CAS's role in ensuring procedural fairness and adherence to international anti-doping standards in sports disciplinary cases.