USTC Lawsuite against Kukkiwon

[terryl965]

PRESS RELEASE

It is with deep regret that U.S. Kukkiwon announces that we have filed
suit against Kukkiwon for a breach of contract. U.S. Kukkiwon
President Sang Chul Lee exhausted many attempts to reach an amicable
agreement with current Kukkiwon President Won Sik Kang, but to no
avail. No progress at an agreement was made.

Before Kukkiwon became a Special Organization under an act by the
government of Korea that came under the Taekwondo Promotion Act, the
former President and Board of Directors of Kukkiwon announced the
formation of a Kukkiwon Overseas Branch Program and invited any
interested parties from around the world to apply and to appear in
Korea to make the case for their selection. U.S. Kukkiwon President
Sang Chul Lee was successful in getting recognized as the Kukkiwon
Overseas Branch in the USA. Further, there is a signed and binding
contract between Kukkiwon and U.S. Kukkiwon President Sang Chul Lee.
When Kukkiwon’s status in Korea changed from a Private Organization to
a Special Organization it inherited all of the assets and liabilities
of the former Kukkiwon administration, including the signed and
binding contract agreement with U.S. Kukkiwon. Kukkiwon President Won
Sik Kang dismissed the contract and is seeking to start his own KMOS
program that is similar to the former Kukkiwon Overseas Branch Program
of his predecessor.

Mr. Sang Chul Lee has had numerous discussions with Kukkiwon President
Kang, including having flown to Korea for a face-to-face meeting to
discuss this matter, and a telephone conference call as a final
attempt to salvage the contract agreement with Kukkiwon.

In January 2011 President allowed a Kukkiwon Instructor Seminar to
take place in Los Angeles, CA even though this is in direct
contravention of stipulations in the binding contract agreement
between Kukkiwon and U.S. Kukkiwon. U.S. Kukkiwon even had a legal
Cease and Desist order served before the seminar took place. This
order was ignored and the seminar did take place as scheduled.

U.S. Kukkiwon has worked, in good faith, to try to resolve this matter
and to be able to work under the conditions of its signed and binding
agreement with Kukkiwon to help to promote the Martial Arts aspects of
Taekwondo worldwide. Unfortunately, this matter has now been submitted
to a State Court of Colorado and will go forward unless there is a
settlement reached between Kukkiwon and U.S. Kukkiwon that will allow
U.S. Kukkiwon to work under the terms of the contract that was
negotiated and signed in good faith by the Kukkiwon President who is
the predecessor to current Kukkiwon President Won Sik Kang.

 

[goingd]

Where was this originally posted?

 

[terryl965]

It was from TKD.Net

 

[Archtkd]

It was from TKD.Net

Very interesting. Isn't Puunui the legal counsel for USTC? It would be interesting to hear his comment about this, but that is not likely happen given that the matter is now in litigation.

 

[leadleg]

Is this lawsuit against the government of Korea,since the KKW is now a govt. agency? Also was the US KKW supposed to have a monopoly on KKW related events?

 

[terryl965]

Is this lawsuit against the government of Korea,since the KKW is now a govt. agency? Also was the US KKW supposed to have a monopoly on KKW related events?

I myself do not know, I found the article and thought I would post to get people views on it...

 

[Archtkd]

Here's the barebones info on the case: We'd have to see the actual complaint for details. The attorney listed for USTC is Richard Lewis Tegmeier of Tegmeier Bednerski Law Firm LLC (www.tegtmeierlawoffice.com). Please note that's not Puunui, who is listed as USTC's legal counsel, on USTC's web site.

Colorado Court Database

Case Number: 2011CV989(District) Date Filed: 2011-01-27

United States Taekwondo Committee Et Al Vs. Kukkiwon
Breach of Contract
Summary

Judge: Larry Edward Schwartz
Court: El Paso County
Division: 5
Appealed:

Case Status

Open

Judge or Magistrate
Name BAR Number
Larry Edward Schwartz 6564

Agency
Agency Agency Case Tkt/Summons Nbr Arrest Nbr

Related Cases
Location Case Number Related Reason Name

Participants
Litigant Attorney
Kukkiwon
Defendant 1
DOB:
Gender: Unknown
Race:
United States Taekwondo Committee Tegtmeier, Richard Lewis
Plaintiff 1 Role: Privately Retained Attorney
DOB: BAR: 2544
Gender: Unknown Primary Attorney: Y
Race:
Us Kukkiwon Inc Tegtmeier, Richard Lewis
Plaintiff 2 Role: Privately Retained Attorney
DOB: BAR: 2544
Gender: Unknown Primary Attorney: Y
Race:
Lee, Sang Chul Tegtmeier, Richard Lewis
Plaintiff 3 Role: Privately Retained Attorney
DOB: BAR: 2544
Gender: Unknown Primary Attorney: Y
Race:

Charges
Count Date Details

Scheduled Events
Date Time Details
Status:
Judge: Larry Edward Schwartz
Room: 5
05/27/2011 5:00 PM Review

Proceedings
Date Code Description
01/27/2011 COVR Civil Case Cover Sheet
01/27/2011 CMPL Complaint

Judgments
# Date Details

Bond Information
ID Details

Financial Summary

Un-Assigned Rcp's Received
----------------- --------
Civil Action Tax $1.00
Civil Filing Fee $90.00
Court Security Cash Fund $5.00
Justice Center Cash Fund $68.00
Stabilization Fund - USER Fee $60.00
Total Un-Assigned $224.00

 

[msmitht]

Wow. I can't believe that the ustc is going to really follow through though. It would end badly for them. They do not control more than 70% of the schools promoting kkw tkd. Dunno what kind of deal there was but am confident the kkw will either win or settle. The us kkw can not claim a monopoly on all kkw events. If they win then everyone would have to go through them for certs. As far as I know you can still go through the usat for certs and I just applied online for my students poom/dan last night at home.

 

[ATC]

Can I get a link please?

Thanks.

 

[leadleg]

Wow. I can't believe that the ustc is going to really follow through though. It would end badly for them. They do not control more than 70% of the schools promoting kkw tkd. Dunno what kind of deal there was but am confident the kkw will either win or settle. The us kkw can not claim a monopoly on all kkw events. If they win then everyone would have to go through them for certs. As far as I know you can still go through the usat for certs and I just applied online for my students poom/dan last night at home.

I believe the USTC had nothing to lose,they were very active in trying to keep the govt. out of the KKW. When the change of guard happened we saw the US KKW losing the right to process KKW certificates. Hopefully the KKW will not take any revenge on all those induviduals who signed the petitions for the USTC.
I am guessing getting a monopoly on KKW certification and events was exactly what the USTC was after.
We will have to wait and see, but I doubt that we will be seeing anything regarding KKW events happening within the USTC from here on out, possibly including the Hamandang.

 

[puunui]

Wow. I can't believe that the ustc is going to really follow through though. It would end badly for them. They do not control more than 70% of the schools promoting kkw tkd. Dunno what kind of deal there was but am confident the kkw will either win or settle. The us kkw can not claim a monopoly on all kkw events. If they win then everyone would have to go through them for certs. As far as I know you can still go through the usat for certs and I just applied online for my students poom/dan last night at home.

I think it would be wise if your stick with what you know, instead of what you presume. The lawsuit between USTC and Kukkiwon has nothing to do with 70% of anything or having to go through USTC only for Kukkiwon poom or dan certification. That was never the case, even when the contract was in effect. Personally, I think it is a lack of respect, with a little ignorance and ingratitude mixed in.

 

[puunui]

It would be interesting to hear his comment about this, but that is not likely happen given that the matter is now in litigation.

I think this is just one prong of a multi pronged spear aimed at President Kang, and it isn't even the main prong. There are a lot of things going on at the moment.

 

[puunui]

We will have to wait and see, but I doubt that we will be seeing anything regarding KKW events happening within the USTC from here on out, possibly including the Hamandang.

Wrong again. But that is what happens when people voice opinions based on less than accurate or no information. I will say this: One of the founding principles upon which USTC was created was to give American borns an opportunity to receive Kukkiwon training, certification and other opportunities that they may not have had in the past. Those who are opposed to USTC are opposed to this goal. You can see it in the latest Kukkiwon Instructor Course in California for example.

 

[puunui]

I believe the USTC had nothing to lose,they were very active in trying to keep the govt. out of the KKW.

And by the way, that issue is still not resolved, the constitutionality or legality of the law that changed the corporate structure of the Kukkiwon.

 

[dowan50]

Wow. I can't believe that the ustc is going to really follow through though. It would end badly for them. They do not control more than 70% of the schools promoting kkw tkd. Dunno what kind of deal there was but am confident the kkw will either win or settle. The us kkw can not claim a monopoly on all kkw events. If they win then everyone would have to go through them for certs. As far as I know you can still go through the usat for certs and I just applied online for my students poom/dan last night at home.

The USTC has never once stated that they seek monopoly on anything or even want or seek to be the NGB which is implied by your 70% comment. USTC seeks to build an environment that promotes KKW education. They wish to have both family and a revival so to speak of bringing back many seniors and their students who stopped participating on many levels since the fall of the USTU. The whole purpose of the Hanmadang is to be a large field that gives people of all ages, ranks and abilities motivation to train and share.

The USKKW was just another service to be offered by the USTC as a convenience to its members. The Masters teaching license seminars were also being done at cost to make it easier to be more inclusive and to possibly give some hope of resolving the issue helping those who trained for decades under US GM's who charged for KKW certification but never gave it. In addition to that a welcoming atmosphere was being pursued to help our ITF friends to pursue a course of education and certification under KKW if they so desired.

The last time I looked USAT was still saying they assist with KKW filings for a fee but no longer imply that they can issue them. I wonder if they are still continuing to issue Dan Certs of their own? I was disappointed to see a 4th Dan skipped to 7th Dan before he had received his 5th Dan but frankly any organization has the freedom to print any paper they want. It will be interesting to see how the next two years go.

 

[leadleg]

Wrong again. But that is what happens when people voice opinions based on less than accurate or no information. I will say this: One of the founding principles upon which USTC was created was to give American borns an opportunity to receive Kukkiwon training, certification and other opportunities that they may not have had in the past. Those who are opposed to USTC are opposed to this goal. You can see it in the latest Kukkiwon Instructor Course in California for example.

I certainally have no axe to grind with the USTC, but suing the KKW is certainally not going to be over quickly and I am betting the plaintif will not be sending their instructors to the USTC until the issue is resolved.
What is the insiuation about the latest KKW course? Also was there not another instructor course last year in Cali. not put on by USTC?
I am all for more KKW courses in the US but why just the USTC?

 

[leadleg]

The USTC has never once stated that they seek monopoly on anything or even want or seek to be the NGB which is implied by your 70% comment. USTC seeks to build an environment that promotes KKW education. They wish to have both family and a revival so to speak of bringing back many seniors and their students who stopped participating on many levels since the fall of the USTU. The whole purpose of the Hanmadang is to be a large field that gives people of all ages, ranks and abilities motivation to train and share.

The USKKW was just another service to be offered by the USTC as a convenience to its members. The Masters teaching license seminars were also being done at cost to make it easier to be more inclusive and to possibly give some hope of resolving the issue helping those who trained for decades under US GM's who charged for KKW certification but never gave it. In addition to that a welcoming atmosphere was being pursued to help our ITF friends to pursue a course of education and certification under KKW if they so desired.

The last time I looked USAT was still saying they assist with KKW filings for a fee but no longer imply that they can issue them. I wonder if they are still continuing to issue Dan Certs of their own? I was disappointed to see a 4th Dan skipped to 7th Dan before he had received his 5th Dan but frankly any organization has the freedom to print any paper they want. It will be interesting to see how the next two years go.

Are you talking about a 4th to 7th KKW certification or one of those USAT certificates?
`Who signs the USAT certificates?
Why do you say the next two years?

 

[andyjeffries]

The last time I looked USAT was still saying they assist with KKW filings for a fee but no longer imply that they can issue them. I wonder if they are still continuing to issue Dan Certs of their own? I was disappointed to see a 4th Dan skipped to 7th Dan before he had received his 5th Dan but frankly any organization has the freedom to print any paper they want.

Is this the USAT Special Testing you are referring to? If so, I thought the Kukkiwon were the ones examining/certifying the people then?

Also, is this a general problem you have with skip dans or a problem with a skip dan jump of so many grades? For example, you said "before he had received his 5th Dan" - would you have had a problem if he was 5th Dan jumping to 7th Dan?

 

[Master Dan]

Are you talking about a 4th to 7th KKW certification or one of those USAT certificates?
`Who signs the USAT certificates?
Why do you say the next two years?

First it was promoted to be a KKW certified test in Vegas and suposably people did pay the KKW fees to USAT but later only USAT certificates were issued. Also it promoted lower rank people to go around thier founding masters/gms to USAT/MAC.

There are two signatures on the USAT Certs one is on behalf of USAT and the other the President of the USAT MAC at that time.

Two Years? Some things may happen sooner but if the leadership and focus of the current KKW does not change the attempted exclusion of Masters who have recomended Dan rank for promotion for decades in 2012 will lead to a revolt both in the US and globally.

There are already large countries that only KKW certify to 1st Dan only for sports competitors but issue thier own certs for all other non sports competitors and for all higher rank.

There are a number of high ranked experienced TKD people in the US that have been doing the same thing and we may see thier memberships increasing or a new US national association that Americans will choose to be part of instead of KKW? I hope not. GM Lee is a very sincere person with great integratiy and never takes confrontation lightly unless he feels morally obligated.

 

[miguksaram]

Perhaps I'm being anal about this, but just for the record the USKKW is a separate entity from USTC. While they may share many of the same officers, they are two different organizations.

To my knowledge the USTC has never made claim, either externally or internally, that they hoped to monopolize all KKW activities in the US. Their goals have been presented from the beginning of their conception; to help educate the world about the culture, history, and true value of Taekwondo as a Martial Art. They have done this through hosting one World Hanmadang, hosting several FIC seminars, going on hosting their 3rd National Hanmadang and have sponsored two oversea trips to Korea.

This particular engagement is between USKKW and KKW and not the USTC. Regardless of the outcome, USTC will still be a thriving organization which will still provide top training and events to Taekwondo-in and other martial artists in the US.