BWF 2014 BWF vs Lee Yong Dae & Kim Ki Jung

Related case:
BWF 2014 BWF vs Badminton Korea Association
March 24, 2014

In 2013 the Badminton World Federation (BWF) has reported an anti-doping rule violation against the Korean Athletes Lee Yong Dae and Kim Ki Jung after they made 3 whereabouts failures resulting in missed tests. After notification the Athletes were heard for the BWF Doping Hearing Panel and on 23 January 2014 the BWF Panel decided to impose a 1 year period of ineligibility on the Athletes.

The Panel concluded there were extenuating circumstances to only sanction the Athletes for one (1) year of ineligibility (as opposed to the maximum two years) due to the Badminton Korea Association’s failure, on behalf of the players, to make diligent efforts to keep the BWF informed about the players’ whereabouts. Due to such lack of diligent efforts, the BWF panel has recommended that the BWF should fine Badminton Korea Association. Given this recommendation, the BWF has initiated a process to decide on any additional disciplinary sanction against the Badminton Korea Association.

Hereafter evidence came available that the BKA took full responsibility for the administrative failure for all Filing Failures and Missed Tests. No available evidence suggests that the Athletes ever received notice from the BWF via BKA. The BKA office staff had made false representation to the BWF by drafting letters from players and using their names and signature stamps thereby unrightfully documenting to BWF that the players were aware about their Whereabouts Failures.

Therefore on 14 April 2014 the BWF Doping Hearing Panel rules that:
1.) All strikes for Missed Tests and Filing Failures recorded against Lee Yong Dae and Kim Ki Jung, in 2013 are cancelled.
2.) No Anti-Doping Rule Violation has been committed by the Korean Athlete’s Lee Yong Dae and Kim Ki Jung, and their sanctions are now lifted.
3.) In the light of the above, the BWF must undertake an Administrative Review of all other Missed Tests and Filing Failures declared against Korean Badminton Players in 2013.

Original document

Parameters

Legal Source
Decisions International Federations
Date
14 April 2014
Arbitrator
Graf-Baumann, Toni
Hansen, Rune Bård
Mikkelsen, Finn
Original Source
Badminton World Federation (BWF)
Country
Korea, Republic of
Language
English
ADRV
Filing failure
Missed test
Whereabouts
Legal Terms
Acquittal
ADRV Notice
Circumstantial evidence
Exceptional circumstances
Revision
Rules & regulations International Sports Federations
Sport/IFs
Badminton (BWF) - Badminton World Federation
Other organisations
Badminton Korea Association (BKA)
Various
Falsification / fraud
Sports officials
Document type
Pdf file
Date generated
26 September 2014
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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