The Supreme Court ruled that the Korea Football Association regulation that effectively bars a soccer team head coach from ever serving again if the coach receives a one-year suspension for violence is invalid.
According to legal sources on the 6th, the Supreme Court's First Division (presiding Justice Chun Dae-yup) on July 16 upheld an appellate ruling in a lawsuit filed by a person surnamed Jung (62) seeking confirmation that a disciplinary action by the Korea Football Association was invalid, affirming that Jung can serve as a head coach.
Jung became head coach of a university soccer team in September 2021. The team reached the semifinals at a tournament held in November 2022 but lost 1-3 to the opposing team. Jung then ran toward the referee, protesting, "We prepared for a year; how can you officiate like that?" and pushed the referee's neck and chest with an open hand.
The Fairness Committee, a disciplinary review body under the soccer association, determined in December of the same year that Jung's conduct constituted grounds for discipline and issued a one-year suspension. When the suspension ended, Jung applied to register as a coach with the association in December 2023 but was rejected. Under the association's registration rules, anyone who receives a suspension of one year or more for violence cannot register as a coach.
The court of first instance ruled for the plaintiff, finding the association's rule invalid. It held that the rule violated Article 103 of the Civil Act, which provides that a juristic act that contains matters contrary to good morals or other social order is null and void.
The first-instance bench said, "Even a single instance of minor violence against a referee would permanently bar a coach from registering," adding that "this is excessively harsh on the disciplined party." It went on to find that "the purpose of the registration rules can be achieved by methods such as restricting registration for twice the suspension period or by limiting registration to youth-team coach," and the appellate court affirmed and dismissed the appeal.
The Supreme Court dismissed the association's final appeal. It said, "These registration rules appear to have been introduced to eradicate the violence that was once widespread in sports," but concluded that "despite the legitimacy of the purpose, they excessively infringe on the defendant's freedom to choose an occupation."