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Son Heung-Min

Arsenal had the option to sell sooner and recoup some of that value. Added to that, signing a new football contract (or not) is well within the bounds of "actions in the normal course of employment".

If Son said he wouldn't sign a new contract but wasn't going off to play paintball for two years, that would be the same as Van Persie. We would have the option to sell, just as Arsenal did, it would also be normal behaviour for a footballer regarding contracts. Serving military service is not normal behaviour for a footballer, it's not analogous to those footballers who you have mentioned.
Arsenal had no such option. Van Persie could refuse any move that Arsenal agreed for him. Van Persie could also claim at any point of his choosing that he was going to retire from football/become a monk/join a bunch of freedom fighters/etc at the end of his Arsenal contract. What he does upon completing his contract is his prerogative.
 
Arsenal had no such option. Van Persie could refuse any move that Arsenal agreed for him. Van Persie could also claim at any point of his choosing that he was going to retire from football/become a monk/join a bunch of freedom fighters/etc at the end of his Arsenal contract. What he does upon completing his contract is his prerogative.
And Arsenal would have had plenty of leverage to make his life a misery in the interim, forcing him to take a move.
 
The 'normal scope' of how a South Korean employee should behave is to perform his military service as is mandated by his country. If THFC tried to sue Son for doing so, having fulfilled his playing contract at THFC then we would lose the case and be liable for costs. Not only that but we would be a lauging stock.

The only way that we would have a case is if Son had something written into his Spurs contract that stated that he had agreed to renage on his national service commitments (which I doubt happened).

It is no wonder that you have previously made claims that you are rarely wrong Scara.... as even when you clearly are you have an incredible ability to fail to admit it. It is almost commendable. ;)
That's not the meaning of normal scope in this context. It's used to mean events that happen or actions that are taken as a part of a person's normal employment.

Eg an IT person installing anti-virus software or a financial controller transferring funds. If one of them were to decide instead to drive a forklift, they would be acting outside the scope of their employment.

Son playing army is well outside the scope of his employment.
 
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you are renting Son - what he does after the rental period is moot. At the end of the contract his value is Zero to his employer regardless of the National Service, he cant be forced to leave his contract, so as long as he sees it out the employer has lost nothing. Even in your weird situation you could only argue differently if you could legally force a player to move during the contract period, how are you going to argue that in court? "we were illegally going to make his life hell and force him to move..."

Deep breath.....
 
Scara, you're digging yourself so quickly into this hole that I am concerned your spade will break.

Here's some (South Korean) assistance

DX300LCA.jpg
 
The 'normal scope' of how a South Korean employee should behave is to perform his military service as is mandated by his country. If THFC tried to sue Son for doing so, having fulfilled his playing contract at THFC then we would lose the case and be liable for costs. Not only that but we would be a lauging stock.

The only way that we would have a case is if Son had something written into his Spurs contract that stated that he had agreed to renage on his national service commitments (which I doubt happened).

It is no wonder that you have previously made claims that you are rarely wrong Scara.... as even when you clearly are you have an incredible ability to fail to admit it. It is almost commendable. ;)
Given that the Korean War has been active since 1950 and Korea is a highly structured culture that demands national service of citizens that clause would be impossible. They do, as fa
I don't think I've ever claimed any of those traits.
I have seldom claimed to write a serious post on this site.
 
That's not the meaning of normal scope in this context. It's used to mean events that happen or actions that are taken as a part of a person's normal employment.

Eg an IT person installing anti-virus software or a financial controller transferring funds. If one of them were to decide instead to drive a forklift, they would be acting outside the scope of their employment.

Son playing army is well outside the scope of his employment.
What if Son was convicted of a crime and sent to prison? Should he refuse to serve his sentence and continue to play for Spurs? COMPULSORY military service and COMPULSORY detention based on a criminal sentence have similar forceful applications in terms of individual freedom.
 
How good is Son at shooting nukes out of the sky?

Is he the incarnation of Superman from the 80s where he flies a bike up into space and destroys it there?
You do realize that, the longer you persist with this, the sillier you look. For someone as smart as you, I would think you would get that.
 
What if Son was convicted of a crime and sent to prison? Should he refuse to serve his sentence and continue to play for Spurs? COMPULSORY military service and COMPULSORY detention based on a criminal sentence have similar forceful applications in terms of individual freedom.
I think in that event we'd have decent grounds to sue him for some of our losses.

Let's make the analogy a bit better. What if he were accused of kissing a man in Saudi Arabia. Would you suggest he go and act as per some completely backward set of rules taking the punishment on offer or would you suggest he stay in the UK and carry on with life?
 
you are renting Son - what he does after the rental period is moot. At the end of the contract his value is Zero to his employer regardless of the National Service, he cant be forced to leave his contract, so as long as he sees it out the employer has lost nothing. Even in your weird situation you could only argue differently if you could legally force a player to move during the contract period, how are you going to argue that in court? "we were illegally going to make his life hell and force him to move..."

Deep breath.....
My understanding from other South Korean footballers is that Son can delay his service until the end of his career.

The moment he chooses not to, he devalues one of our assets. He's taking those actions as an employee of the club, not afterwards when he starts his service. We have the right to seek recompense for such actions.

We also don't have to be absolutely guaranteed a win in court. Just the hint that it might happen could be enough to get Son to delay his service until after his career or until after his contract at his next club.
 
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No it wouldn't because the value to the club at the end of his contract is zero and you can't force him to leave before then.

But to play your weird scenario out, Son (the Korean David Beckham) speaks to the government and after laughing they tell him not to worry we got it covered. Levy wakes up in the morning with 4 major sponsors pulling out and remembers one of the big reasons he bought him was to grow in the Korean market place and he regrets his decision to bluff as it cost him a lot more than anything he was likely to gain.

Deep breath....
 
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My understanding from other South Korean footballers is that Son can delay his service until the end of his career.

The moment he chooses not to, he devalues one of our assets. He's taking those actions as an employee of the club, not afterwards when he starts his service. We have the right to seek recompense for such actions.

We also don't have to be absolutely guaranteed a win in court. Just the hint that it might happen could be enough to get Son to delay his service until after his career or until after his contract at his next club.

The entitlement is strong in you, Luke Skywalker.
 
My understanding from other South Korean footballers is that Son can delay his service until the end of his career.

The moment he chooses not to, he devalues one of our assets. He's taking those actions as an employee of the club, not afterwards when he starts his service. We have the right to seek recompense for such actions.

We also don't have to be absolutely guaranteed a win in court. Just the hint that it might happen could be enough to get Son to delay his service until after his career or until after his contract at his next club.
We absolutely knew about the military service problem when we signed him. Unless we have a clause in his contract that he will do whatever to get out of that I don't think we have a leg to stand on.
 
We absolutely knew about the military service problem when we signed him. Unless we have a clause in his contract that he will do whatever to get out of that I don't think we have a leg to stand on.
I think we could quite reasonably make the point that a normal person at arm's length to the transaction (the level to which we would be held) would expect a footballer living in the West and earning £Ms a year to continue that lifestyle as long as possible and at least put off service until after their career is done.
 
I think we could quite reasonably make the point that a normal person at arm's length to the transaction (the level to which we would be held) would expect a footballer living in the West and earning £Ms a year to continue that lifestyle as long as possible and at least put off service until after their career is done.
And he can say I was not going to sign a contract extension or allow myself to be sold anyway so Tottenham have lost no value. This is the point you are ignoring -We have lost no value as there needs to be an agreement with the player to be sold.

Incidentally I believe players are on the books as Assets at amortization value rather than market value - I imagine in part for this very reason.
 
And he can say I was not going to sign a contract extension or allow myself to be sold anyway so Tottenham have lost no value. This is the point you are ignoring -We have lost no value as there needs to be an agreement with the player to be sold.
Which is within the scope of what a normal footballer does and therefore not open (except in certain areas such as H&S/Data protection and even then only for openly negligent behaviour) to recovery of losses.

Incidentally I believe players are on the books as Assets at amortization value rather than market value - I imagine in part for this very reason.
I suspect it has more to do with how costly, inaccurate and time consuming continual revaluation would be.

I prefer not to revalue property for the same reason.
 
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