The case involves an appeal by Dr. Mong Joon Chung against sanctions imposed by FIFA for violations of the FIFA Code of Ethics (FCE). Dr. Chung, a former FIFA vice-president and honorary vice-president of the Korea Football Association (KFA), was initially banned for six years and fined CHF 100,000 by the FIFA Adjudicatory Chamber for ethical breaches related to his involvement in Korea's bid for the 2022 FIFA World Cup. The sanctions were later reduced to a five-year ban and a CHF 50,000 fine by the FIFA Appeal Committee. Dr. Chung appealed to the Court of Arbitration for Sport (CAS), seeking annulment of the decision and arguing procedural violations and disproportionate penalties.
The dispute centered on Dr. Chung's actions during the 2022 World Cup bidding process, particularly his distribution of letters promoting the "Global Football Fund" (GFF) to FIFA Executive Committee members. These letters, sent in 2010, included unpublicized details about the fund's administration, suggesting that confederation leaders and certain committee members would influence fund distribution. FIFA deemed these letters an unethical attempt to influence voting, violating Article 3 of the 2009 FCE, which requires officials to act with credibility and integrity. Dr. Chung defended the letters as legitimate advocacy for Korea's bid, but the CAS Panel found the inclusion of selective, unverified details demonstrated a lack of transparency and ethical integrity.
The Panel also addressed allegations of non-cooperation during FIFA's investigation, including delays in submitting requested documents and incomplete responses to questionnaires. While the Panel acknowledged some delays, it noted mitigating factors such as Dr. Chung's busy schedule as a Korean National Assembly member and the impact of the Sewol Ferry Disaster. However, it concluded that his overall conduct, particularly the delayed submission of the GFF Letters, breached his duty to cooperate under the FCE.
In assessing sanctions, the Panel compared Dr. Chung's case to other high-profile FIFA disciplinary cases, such as those involving Sepp Blatter and Michel Platini, who received lengthy bans for corruption. The Panel found Dr. Chung's violations less severe, involving no financial misconduct, and reduced the sanctions to a 15-month ban (12 months for the ethical violation and 3 months for cooperation failures). Since Dr. Chung had already served this period due to procedural delays, the ban was deemed fully served, and the financial penalty was canceled. The Panel criticized FIFA's excessive delays in issuing reasoned decisions, which prolonged Dr. Chung's suspension unjustly.
The CAS decision underscores the importance of ethical conduct and cooperation in sports governance while emphasizing proportionality in sanctions. It highlights the need for timely and fair disciplinary proceedings, balancing accountability with the severity of the offense. The ruling allows Dr. Chung to resume football-related activities, marking the end of a protracted legal dispute that raised significant questions about FIFA's disciplinary processes and the ethical standards expected of its officials.