자유 아까 그 글이 수정이 불가해서 다시 올려봐여 (복붙 가능!)
Asian Football Confederation Entry Control Body
Dear Sir/Mdm,
In order to prevent redundant disciplinary actions taking place, the Entry Manual for AFC Club Competitions (Entry Manual), Article 12, Paragraph 8, Subparagraph 2, states the following:
The AFC can refrain from declaring a club ineligible to participate in the competition if the AFC is comfortably satisfied that the impact of a decision made in connection with the same factual circumstances by a national or international sporting body, arbitral tribunal or state court has already had the effect to prevent that club from participating in an AFC Competition.
Last year, Court of Arbitration of Sports (CAS) has ruled in favour of the AFC, in the case filed by Jeonbuk Hyundai Motors FC, claiming ineligibility to participate in the 2017 Asia Champions League (ACL) is a double-punishment, as K-League already had deducted nine (9) points from their league points. This was due to K-League not giving enough disciplinary action for Jeonbuk to be ineligible for the 2017 ACL, which had to be either of the following three:
- Relegation to K-League Challenge (2nd League)
- Deduction of 23 points (one point minus the 3rd team’s in 2016 K-League Classic)
- Relegation to Split B (no matter how high the point the team has is, Split B team cannot exceed Split A’s worst-performing team)
However, K-League deducted only nine (9) points from Jeonbuk, which enabled it to participate in the 2017 ACL, thus AFC’s decision to prevent Jeonbuk’s participation not being a double-punishment. If K-League issued at least one of the three listed actions possible above, Jeonbuk would not have been prevented from participating the 2017 ACL, as it would have been impossible even without AFC’s punishment.
That said, the Article 12, Paragraph 8 of the Entry Manual dictates following:
If, on the basis of all the factual circumstances and information available to the AFC, the AFC concludes to its comfortable satisfaction that a club has been directly and/or indirectly involved, since the entry into force of Article 73.6 of the AFC Statutes on 8 June 2010 (or its future equivalents), in any activity aimed at arranging or influencing the outcome of a match at national or international level, such club shall be declared ineligible to participate in AFC Competitions. Such ineligibility is effective for only one (1) football season.
The ambiguity in the phrase "effective for only one (1) football season," can be interpreted into two meanings; a) ineligibility applies to only one particular football season and only once, or b) ineligibility can only be applied once in a particular football season, where in the latter case, AFC can once more declare the particular club ineligible. In such case, where this club is again declared ineligible, cannot be double-punishment, as said by the AFC, "Jeonbuk is declared ineligible for 2017 ACL," which does not necessarily limit how many times can Jeonbuk be ineligible for ACL, and thus suggests the disciplinary action is still and has to be in action.
With the above arguments and supporting evidences, I would like to formally request that Jeonbuk be disqualified from 2018 ACL. AFC has always shown no tolerance in match manipulations. And in such stances taken by the ACL, Jeonbuk was disqualified from, declared ineligible for 2017 ACL. Whereas the purpose of this disciplinary action was to install a value of fair play in teams participating and promote a fair match, if in the result of this decision was Jeonbuk able to participate in 2018 ACL, then it is absolutely right and fair to take away the ticket to ACL. The ineligibility to participate in the 2017 ACL was in turn advantageous to Jeonbuk, as compared to other K-League teams competing for ACL tickets, it had far more comfortable schedule, and further, it had severely affected the pre-planned schedules of Ulsan FC and Jeju United FC, which, the competition in the 2017 season of K-League was not fair for all teams.
Through this decision, I believe, and many of the football fans in South Korea believe, that AFC can show its firm stances on match manipulations, and if there are future cases like Jeonbuk FC, where, the laws and regulations in the NFC level is not sufficient and punishment is not severe enough to penalise such unsportsmanlike actions, AFC can show that it can further punish harshly to prevent match manipulations.
