You could have expected this – needless to say some had been afraid of. It seems Park-Soo Nam goes to any lengths to remain President of the German Taekwondo Federation (DTU).
He gained partial success in the decision given in summary proceedings by the District Court of Munich. It’s a moot point whether it will pay off or not.
I must admit the headline looks a bit wild-eyed, but it’s an appropriate summary of the below facts. Why?
With the decision given in summary proceedings, delivered to the DTU’s office at April 19th, 2016, the District Court of Munich enjoined the DTU to
Quote: „in no way or by no manners to limit or restrain Mr. Park to continue in possession of his office of President of the German Taekwondo Federation.“
The decision was taken in accelerated proceedings without any hearing of the DTU. Thus it is based statements about facts of the case given by Mr. Park and his solicitors.
The DTU was not able to give its opinion about the facts. (refer to Meldung der DTU)
However Mr. Park and his solicitors applied for even more, namely:
1. on an interim basis to abandon the Executive Committee’s decision to suspend Mr. Park from his office of president of the DTU with immediate effect, dated Feb 21st, 2016
2. to bar the DTU from taking decision to suspend or withdraw Mr. Park from his office being President of the DTU and to conduct a snap election during the extraordinary General Meeting at Kassel, April 20th, 2016.
Whilst the District Court agreed to the first application, the second application was overruled and dismissed.
Interesting Reasons for the District Court’s Decision
In the end, the District Court found formal defect with the Executive Committee’s decision only. The doubts are based on the findings Mr. Park was not duly invited to the Executive Committee’s meeting.
In plain language, Mr. Park must have been invited prior to the meeting, to be able to participate and to decide on his suspension. Unfortunately he couldn’t participate because he already left the venue.
Just a reminder: concordant reports state, Mr. Park himself showed up at Frankfurt at Sunday, Feb 21st at 9:00 am to cancel the reservation for room booked for the General Meeting, disappearing right after this.
We published reports about the reasons of Mr. Park’s absence. [link] [link] and [link]
Actually he may realize his co-determination rights. Court-ordered Mr. Park may invite to an extraordinary Executive Committee meeting deciding about his possible suspension of his office being President of the DTU.
On the same day receiving the District Court’s decision, the Vice Presidents of the DTU filed unmistakable clear request to Mr. Park to invite to an urgent & extraordinary Executive Committee meeting being held during at Hamburg at April 23rd 2016 in parallel to the German Open Tournament. Sole agenda item: reenactment of the Executive Committee’s decision to suspend Mr. Park being President of the DTU.
The Vice Presidents assume that Mr. Park will obligatory follow the DTU’s statutes at the same level of vehemence he fights for his rights.
Mr. Park’s original, more advanced application to forbid the decision making process to suspend or withdraw Mr. Park from his office during the extraordinary General Assembly meeting at April 30st, 2016 was rejected by the District Court. Hence it is of particular importance to the DTU Executive Committee to make a clear statement, the extraordinary General Assembly meeting will take place as outlined in the invitation.
Any different statement, including cancellation on short notice or any other deviation, which might be published by Mr. Park using any kind of media, must not been followed. It would be a sole belief of Mr. Park, not covered by any decision of the DTU Executive Committee.
We have already experienced this …
What was the reason for the suspension of Mr. Park?
The base for the suspension of Mr. Park is a call letter to the Executive Committee signed by 11 State Federations. In addition considering Mr. Park’s call letter to the President of the ETU to suspend the German Taekwondo Federation, Mr. Park’s deed poll and infringement in an internal lawsuit of the Taekwondo Federation of North-Rhine Westphalia and Mr. Park’s approval letter about the acceptance of ETU’s instructor license, the DTU Vice Presidents try to prohibit any further damage to the German Taekwondo Federation and its reputation. Frankly spoken, Mr. Park should be stopped to continually inflict damage to the DTU acting in administrative offence.