Four KBS opposition-recommended board members apply for a provisional injunction to the court
“The ‘two-member Korea Communications Commission’ illegally constitutes a board of directors… “The election is invalid.”
“There are no problems with the Korea Communications Commission’s system and the board of directors’ decision procedures.”
On the afternoon of the 13th, the 51st Civil Affairs Division of the Seoul Southern District Court (Presiding Judge Kim Woo-hyun) held the first hearing on the application for a temporary injunction to suspend the ‘resolution to recommend appointment of President Park Jang-beom’ filed by KBS’ opposition party recommended board members.
Previously, four KBS board members recommended by the opposition party filed an injunction with the court to suspend the decision, taking issue with the KBS board of directors meeting held on the 23rd of last month and deciding KBS anchor Park Jang-beom as the final candidate for the next president, led by a ruling party director.
On this day, the legal representative for the four directors recommended by the opposition party argued that the election of Candidate Park by the ruling party directors illegally constituted by the two-member Korea Communications Commission (KCC) was invalid.
He said, “The Seoul Administrative Court continues to issue rulings and decisions that there are serious and obvious procedural flaws in the resolution of the two-member Korea Communications Commission. Looking at the process of deciding on recommendations for KBS board members, it appears that no substantive screening took place, with Korea Communications Commission Chairman Lee Jin-sook reviewing all applications from over 50 candidates in less than two hours on the day she was appointed, and recommending 7 of them as directors. “There is this,” he said.
In addition, in response to the claim that the opposition party’s recommended board members gave up their voting rights for Candidate Park and thus their right to be preserved is not recognized, he refuted, “The fact that we did not participate in the vote on the recommendation for the appointment of the CEO candidate is a protest that there is a procedural defect in this
On the other hand, KBS and Candidate Park’s legal representative stated that there is no problem with the legitimacy of the two-member Korea Communications Commission.
He said, “The Broadcasting Promotion Act does not regulate the decision-making process (of the Korea Communications Commission). In addition, a bill to amend the Act on the Establishment and Operation of the Korea Communications Commission (Korea Communications Commission Act) was recently proposed in the National Assembly. Looking at the background, it is explained that the current Korea Communications Commission Act does not provide for a quorum. Therefore, the claim itself is contradictory.”
He continued, “The National Assembly also pointed out the two-member system for the Korea Communications Commission, but no agreement was reached, so we were unable to recommend the National Assembly’s share of the Korea Communications Commission.” He continued, “The Korea Communications Commission has already resolved hundreds of agenda items under the two-person system, and if all of these are invalidated, it will cause great confusion.” “This will happen,” he said.
Regarding the resolution of the KBS Board of Directors related to the appointment of Candidate Park, he said, “Some of the creditors directly participated and then withdrew, so the remaining directors reached a conclusion.” He added, “There is no procedural problem, and the person who goes against their will was appointed as president, so they are especially taking issue with this case.” “It appears to be,” he said.
Meanwhile, candidate Park, who was selected as the final candidate for KBS president, joined KBS as a reporter in 1994. He was selected as the anchor of ‘News 9’ under President Park Min’s regime last year, and became controversial for his ‘small pouch’ remark during a special interview with President Yoon Seok-yeol broadcast in February.
The National Assembly confirmation hearing for candidate Park is scheduled to be held on the 18th and 19th.
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Interview between Time.news Editor and Legal Expert on KBS Board Controversy
Time.news Editor (TNE): Welcome to Time.news. Today, we’re discussing a controversial legal case surrounding the Korea Broadcasting System (KBS) board of directors. Joining us is Dr. Jin-Ho Lee, a legal expert specializing in communications law. Thank you for being with us today, Dr. Lee.
Dr. Jin-Ho Lee (DJL): Thank you for having me. I’m glad to be here.
TNE: Let’s dive into the heart of the matter. Four KBS board members, recommended by the opposition, have filed a provisional injunction against the appointment of Park Jang-beom as the next president of KBS. Can you explain the basis for their legal challenge?
DJL: Certainly. The opposition-recommended board members argue that the board’s decision-making process was flawed due to the involvement of a two-member Korea Communications Commission (KCC). They claim that this structure is illegal and invalidated the election of Park Jang-beom.
TNE: So, they’re saying that the process lacked legitimacy because there weren’t enough members involved in the decision?
DJL: Exactly. Their legal representation highlighted that the KCC, under its current two-member system, failed to conduct a proper review of the candidates. For instance, KCC Chairman Lee Jin-sook allegedly reviewed over 50 applications in less than two hours, which raises serious concerns about the adequacy of the candidate screening.
TNE: Meanwhile, representatives for KBS and Park Jang-beom argue that the KCC’s two-member system is legitimate. How do they support that claim?
DJL: They point out that the Broadcasting Promotion Act does not specify the quorum needed for decision-making. Moreover, they’ve mentioned that previous amendments related to this issue weren’t agreed upon in the National Assembly, implying that the two-member structure has been functioning without formal complaint for some time.
TNE: Is there a legal precedent that could influence the court’s decision in this case?
DJL: Yes, the Seoul Administrative Court has previously ruled that there were procedural flaws in KCC’s resolutions. This background will likely weigh on the judges’ minds. If the court sides with the opposition-recommended members, it could have a significant precedent regarding the legitimacy of decisions made by the KCC.
TNE: What are the broader implications of this case for KBS and for the media landscape in South Korea?
DJL: If the court rules in favor of the opposition members, it could disrupt KBS’s governance and challenge the authority of the KCC. This situation underscores the delicate balance between political influence and independent media. A ruling against the KCC’s current structure could prompt a reevaluation of how media commissions operate in South Korea.
TNE: Given the current climate, do you believe that this case will have repercussions beyond KBS itself?
DJL: Absolutely. A ruling against the KCC’s legitimacy could prompt other media organizations to scrutinize their governance structures and decision-making processes. Additionally, it could lead to new legislation aimed at preventing similar controversies in the future.
TNE: Before we wrap up, is there anything else you’d like to add about this situation?
DJL: It’s crucial for the public to stay informed about these developments. The case reflects larger issues of media independence and accountability in South Korea. Ultimately, the court’s decision will shape the future of KBS and set a precedent for other media organizations.
TNE: Thank you, Dr. Lee, for your insights on this important issue. We appreciate your time and expertise.
DJL: Thank you for having me. It’s been a pleasure.