The Supreme Court has ruled that sports leaders who have been punished by criminal punishment greater than or equal to imprisonment should have their qualifications revoked, even if they receive a pardon.
The 3rd part of the Supreme Court (Chief Justice Heung-gu Lee) announced on the 10th that Mr. A broke the original judgment in favor of the plaintiff in the appeal against the Minister of Culture, Sports and Tourism to cancel the disposition for revocation of the sports instructor’s qualification and returned the case to the Seoul High Court.
Person A, who holds the qualifications of a second-class sports instructor for the disabled and a second-class life sports instructor (badminton, bodybuilding), was handed over to trial for violating the Act on Special Cases for Traffic Accident Handling (death and injury) and was sentenced to one year and six months in prison in May 2019. 3 years confirmed After that, it was granted special pardon and lottery in 2019.
The Ministry of Culture, Sports and Tourism disqualified Mr. A in June 2020. “A person who has been sentenced to imprisonment or heavier punishment and for which two years have not passed since the date the execution was terminated or exempted from being sentenced to imprisonment, cannot become a sports instructor, and in this case, the Minister of Culture, Sports and Tourism may revoke the qualification of the sports instructor or It was based on the National Sports Promotion Act, which stipulated that “they can be suspended within the scope of Mr. A filed a lawsuit saying that it was unfair to keep his qualifications despite being pardoned and reinstated.
The 1st and 2nd judges raised A’s hand. As long as amnesty and lottery were granted, the reason for revocation of qualifications disappeared.
However, the Supreme Court judged that the disposition of the Ministry of Culture, Sports and Tourism that canceled Mr. A’s qualifications was justified. The Supreme Court said, “The contents of the National Sports Promotion Act should be considered to mean a case where there is a ‘fact’ that a cause for disqualification occurred.
