Court Dismisses Volleyball Player Jo Songhwa's Injunction Against IBK... Contract Termination Notice Remains Effective

Former IBK Industrial Bank player Jo Song-hwa in women's professional volleyball.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Female professional volleyball player Jo Song-hwa (29) filed an injunction to suspend the effect of the contract termination notice against the IBK Industrial Bank team, which notified her of contract termination due to unauthorized absence, but the request was denied.

According to the legal community on the 28th, the Seoul Central District Court Civil Division 50 (Chief Presiding Judge Song Kyung-geun) dismissed Jo's injunction request to suspend the effect of the contract termination notice against the team.

Jo, who was the starting setter and captain of the women's professional volleyball team IBK Industrial Bank Altos, caused controversy last year by leaving the team twice without permission. After dismissing former coach Seo Nam-won, the team attempted to designate Jo as a free agent player, but the attempt failed as Jo did not consent.

Ultimately, the team decided to terminate the player contract with Jo on December 13 last year, and the Korea Volleyball Federation (KOVO) announced Jo as a free agent player on December 17 at the team's request.

In response, Jo filed a lawsuit against the team on December 24 last year, disputing the effect of the contract termination, claiming that she did not leave without permission but only visited the team trainer and hospital due to poor physical condition, and simultaneously applied for an injunction to suspend the effect of the contract termination notice.

At the injunction hearing held on the 14th, Jo's legal counsel argued, "Jo faithfully fulfilled the contract," adding, "She participated in all regular training except for special circumstances due to injury and illness, but the team did not field her in matches."

On the other hand, the team's legal counsel countered, "The essence of this case is insubordination against former coach Seo Nam-won," and stated, "Despite the team's persuasion, Jo Song-hwa did not return to the team, but when the atmosphere shifted toward Seo's dismissal, she expressed her intention to return."

After thoroughly reviewing the submitted materials from both sides for over a month, the court ruled in favor of IBK Industrial Bank.

The court appears to have judged that Jo bears some responsibility for the contract termination due to her absence from training and matches caused by discord or dissatisfaction with former coach Seo Nam-won and training methods, and considering various circumstances, it is impossible for IBK Industrial Bank and Jo to continue their contractual relationship.

The outcome of the injunction case does not necessarily reflect the main lawsuit. However, since Jo's unauthorized absence is a key issue in the main lawsuit disputing the contract termination's effect, the team has gained a favorable position in the trial for the time being.