He tried it again! On 13.05.2016 Soo-Nam Park has submitted a further request for an interim injunction against the DTU at the district court of Munich. However, without success, the application was rejected.
One might wonder what it is the matter now? But you may have guessed it …
On 30.04.2016 the extraordinary general meeting was known to take place in Kassel. There the suspension of Park has been confirmed by the general meeting with large majority. As the new president of DTU, Stefan Klawitter, was elected (with even larger majority).
Park carries costs
Something that not seem to must have been in the interest of Soo-Nam Park entirely. So he has once again chosen the way through a interim injunction. This further should be enforced that Soo-Nam Park should not be hindered in his duties as a DTU President. In addition, his removal from the register of associations should be prohibited.
By its Decision of 01 June 2016, the District Court of Munich rejected the application for an interim injunction made by Soo-Nam Park on May 13. Not only that, Park has to bear the costs.
In a nearly 10-sided, detailed verdict, the District Court of Munich noticed that in the matter it does not see success for Park’s request. After summary review, not sufficiently safe conclusion can be drawn that the decision taken by the general meeting on 30 April was void and a declaratory judgment in the main action therefore would succeed.
Also this would mean a de facto Reinstatement of Park by the District Court, anticipating the main action and bypassing the members vote. A remarkably clear indication of the Court on the high value of the members will, as the highest body of an association.
In this respect Park´s removal from the register of associations as president of the DTU also can not be prohibited.
Thus a court has taken the second time within a few months a decision within the meaning of the members of an association.
We may recall, on February 19 2016, the previous NWTU Board, with its previous president Antonio Barbarino, by an interim injunction unsuccessfully tried to prevent the extraordinary general members meeting, taking place in Wuppertal.
Conclusion
For Park himself, the decision does mean a significant loss and probably the final blow to officiate in his alleged ambition as president of DTU, until the election meeting in October 2016. He should now pass the way via a declaratory action. A judgment would not be realistic until October. Something that the District Court of Munich declares in his decision as well.
For the German Olympic Taekwondo Federation – and the sport in the first place – it’s a good day. After months of political skirmishing this now means the long awaited restoring of calm. The view for the essential is free again, including the forthcoming Olympic Games in Rio de Janeiro in a few weeks. This calm may not be disturbed again.