Mandatory medical testing? One-sided revision of rules against players first

Of course, the argument that pre-medical testing should be mandatory for a culture of transparent and fair contracts is also valid. However, there is one prerequisite for such a practice. “If pre-medical testing is to be mandatory like the Major League, it is the right thing to do,” argued Kim Sun-woong, a lawyer who served as secretary general of the Korea Professional Baseball Players Association.

It is explained that if the current system, where players are at a disadvantage, makes medical tests mandatory, it will be a perfectly inclined field toward the club. Lawyer Kim said, “KBO basically recognizes the club’s right to hold the club excessively, so in fact, the player does not have the freedom to sign a contract,” adding, “The four-year deadline for re-acquisition of the FA or the excessive compensation system is holding the player back. In the meantime, if a general medical test clause is included, it will be difficult for players to exercise their FA rights.”

“Some people keep talking about Carlos Correa’s case, but it doesn’t fit the situation in Korea,” an agent said. Correa, who came to the FA market after the 2022 season, agreed to a 13-year, $350 million contract with the San Francisco Giants, but the contract was canceled because he failed to meet the physical examination standards. Correa, who repeated the same situation with the New York Mets, eventually signed a six-year contract with the Minnesota Twins and stayed.

“Corea failed physical examinations twice, but it should be noted that they still found a team to sign,” the previous agent said. “It is possible because it is a free-to-compete MLB with 30 teams,” adding, “On the other hand, it is not easy to find another team if a player in Korea breaks his contract due to medical problems while signing a contract. He will have to become an FA mia or stay in his original team under conditions that are significantly reduced.” 토토사이트 순위

Some point out that there is a problem with the provisions of the physical examination in the contract. “The regulation for medical examination is not mandatory. It should be viewed as voluntary provisions in the unified contract rather than obligations under baseball rules,” Kim Sun-woong, a lawyer, said. “It is unreasonable to say that the provisions include a detailed examination.”

One agent criticized that the wording of the contract, “significant physical or mental defects that may interfere with participation activities,” is too vague and could be abused. “The club has to decide what kind of physical or mental defects are and how much they should be applicable. In the extreme case, even minor injuries, panic disorder or depression can be used to break the contract. It is a clause that is advantageous only for earring-style clubs,” he pointed out.

“In order to apply the clause, it should be narrowly interpreted as a ‘hazardous physical defect such as cancer or fatal injury’. It is reasonable for the club to bear the burden of proof as well. It should be allowed only when the club presents clear risks as objective evidence,” Kim said. “It will be difficult for players to accept that medical tests are mandatory without such premise.” This is why the pre-contract medical test clause is a “bad law” and became a dead letter.

Leave a Reply

Your email address will not be published. Required fields are marked *