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Park Tae-hwan and double punishment

Posted May. 05, 2016 07:40,   

Updated May. 05, 2016 07:44

한국어

The second half of Article 13 of the Constitution states that all citizens should not get punished more than once for the same crime. This principle is called "prohibition against double punishment" or "prohibition against double jeopardy," which means no one is punished twice for the same crime. A recent example is that Edward Lee, who had been declared innocent for the "Itaewon murder case," was accused of being an accomplice in January but no additional punishment was imposed on him. However, the current law system does not consider administrative dispositions, such as identity exposure and license revocation imposed along with punishment, as double punishment.

There has been a controversy on Park Tae-hwan's qualification to be a national team member. In the center of the controversy is the regulation of the Korean Olympic Committee stipulating that Park cannot be a national team member for the next three years even after the 18 month suspension that the Fèdèration Internationale de Natation Amateur imposed on him for using a banned drug in 2014. Those who want Park to return to the national team claim that the regulation is double punishment. The opponent side, who advocates no-mercy policy for drug-related issues, seems to consider Park's elimination from the national team as an administrative disposition.

Floor Leader Park Jie-won of the People's Party remarked on Wednesday, "I am begging the Korean Olympic Committee to allow Park Tae-hwan to participate in the Rio Olympics." He also posted the same message on his Facebook page. Korea Chamber of Commerce and Industry Chairman Park Yong-man also wrote on Facebook on Tuesday: "Since when have we been stricter than the international regulations?" Incheon Mayor Yoo Jeong-bok also started a Park Tae-hwan project by holding a press conference on Monday. These supporters of Park believe that he already paid his price.

Park Tae-hwan is the only male swimmer in the Dong-A Swimming Competition in April who passed the Olympic entry requirement for all four events. He ranked No. 4 in the 400-meter freestyle in the 2016 season. The veteran swimmer already paid his price. The International Olympic Committee had eliminated in 2011 the regulation that prohibited Olympic entry of players whose suspension for using drugs is finished, while recommending that each country do the same. At the least, an urgent adjustment of the KOC's regulations to the international standard seems to be important at this point.