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National Human Rights Commission of Korea - Complaint Summaries

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Recommendation on Refusal of Issuance of an Agreement on Transfer of an Athlete [2003] KRNHRC 14 (1 January 2003)

Recommendation on Refusal of Issuance of an Agreement on Transfer of an Athlete

The complainant was a member of weightlifting team of the City of for
one year. After resigning from the city team, he began military service and was
a member of the weight lifting team of the Sangmu Unit. In 2003, he was
discharged from military service and signed a provisional contract with the
weightlifting team. However, the respondent did not issue the agreement
needed for the transfer, so the complainant cannot participate in events as an
athlete. For this reason, he filed a complaint with the Commission.

After investigation, the Commission found that the refusal to issue an
agreement on transfer for reasons that it is a non secret athletic practice and that
there was no consultation in advance is in violation of the human rights of the
complainant under Article 10 and Article 15 of the Constitution, which
guarantee the rights of athletes to their own determinism, pursuit of happiness,
and freedom of occupation. Accordingly, the Commission recommended that
the respondent issue an agreement on transfer.


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