KADAP 2011_4 WADA vs KADA & Hyungchul Kang

In November 2010 the Korea Anti-Doping Agency (KADA) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance propranolol.
After notification the Athlete admitted the violation and stated he used an oriental medicine, illegally made by a pharmacist, to treat his symptoms of dyspepsia and headache. The Athlete argued that the pharmacist illegally added a medicine of beta-blocker components (propranolol pill) and failed to inform the Athlete thereof.

On 14 December 2010 the Korea Anti-Doping Disciplinary Panel decided to impose a 3 month period of ineligibility on the Athlete.

Hereafter in August 2011 WADA appealed the Korea Anti-Doping Disciplinary Panel with the Korea Anti-Doping Appeal Panel.
The Panel finds the Player acted negligently without ensuring that the medication does not contain a prohibited substance. The Athlete has not clearly requested the pharmacist to exclude the prohibited substance and has taken them without making sufficient efforts to confirm whether the prohibited substance was included.
The Korea Anti-Doping Disciplinary Panel considers WADA request to impose a 2 year period of ineligibility excessive and decides to impose a 14 month period of ineligibility on the Athlete, starting on the date of the first appeal hearing, i.e. 30 September 2011. Athlete’s previous 3 month period of ineligibility shall be counted to the total period of ineligibility.

Original document

Parameters

Legal Source
National Decisions
Date
8 December 2011
Arbitrator
Ji-Yeol Yoo
Yonghwan Song
Yoon-Joon Yang
Original Source
Korea Anti-Doping Agency (KADA)
Country
Korea, Republic of
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Negligence
Period of ineligibility
Other organisations
Korea Anti-Doping Agency (KADA)
World Anti-Doping Agency (WADA)
Laboratories
Seoul, Korea: Doping Control Center
Doping classes
P1. Beta-Blockers
Substances
Propranolol
Medical terms
Treatment / self-medication
Various
Contamination
Document type
Pdf file
Date generated
17 January 2014
Date of last modification
9 January 2019
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