By Michael Pavitt 

The 2008 Olympic gold medallist is facing a two year ban and being stripped of his 2014 Asian Games medals ©Getty ImagesProsecutors have charged the doctor accused of administering a banned substance into South Korea's Olympic gold medallist Park Tae-Hwan for negligence.

The swimmer is facing a two-year doping ban after testing positive for Nebido, an injectable testosterone, before the Asian Games in Incheon last year but Park alleges a doctor had injected him with the substance without disclosing that it was a banned substance.

Prosecutors believe that the doctor was unaware that testosterone was a prohibited substance, but maintain he had a professional obligation to make the swimmer aware of the contents and risks associated with the drug administered, and believe, that by altering his hormone level through doping, was bodily harm.

The latest development in the case could have wide ranging ramifications as Article 10 of the new World Anti-Doping Code, which came into force from January 1 this year, indicates that Park could face no sanction if he can establish that he "bears no fault or negligence".

The Article, however, also state "athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any prohibited substance" which could leave Park eligible for sanction, even in the event that the doctor was proved to be negligent.

He became the first South Korean to win an Olympic swimming gold when he won the men's 400 metres freestyle at Beijing 2008 and achieved another silver in the 200m freestyle, before claiming silver again in both events at London 2012. 

If suspended for doping for for any length of time Park Tae-Hwan will be unable to compete in Rio 2016 under KOC rules ©Getty ImagesIf suspended for doping for for any length of time Park Tae-Hwan will be unable to compete in Rio 2016 under KOC rules ©Getty Images

Park is due to appear at a hearing on February 27 in Lausanne and the Korean is currently facing the prospect of having a two-year ban as he tested positive under the old WADA code.

If he receives any suspension of any length it would see him ruled out of competing at Rio 2016 under the Korean Olympic Committee's (KOC) policy of not naming a suspended athlete to a national team for three years, starting on the day their suspension ends.

The 25-year-old is also set to be stripped of the six medals, one silver and five bronze, which he won at the Asian Games, as his ban would be backdated to the date he tested positive.

A suspension would mean that his teammates he won three bronze medals with in the relay events in Incheon would be stripped of their medals.

Park is expected to point to three separate occasions that he tested negative during the Asian Games, after his positive sample on September 3, as part of his defence.

Contact the writer of this story at [email protected]

Related stories
January 2015: South Korean officials try to ensure Olympic gold medallist Park avoids suspension after drugs positive
January 2015: Park Tae-Hwan to face international hearing and being stripped of Asian Games medals after positive drugs test
January 2015: Olympic gold medal winning swimmer fails drug test