Gyeonggi Province Governor Election Broadcast Debate, Candidate Invitation Criteria 'Fairness Controversy'... Kang Yong-seok Files 'Broadcast Ban Injunction'

Local Media Group Applies Only Pre-April 19 Poll Results... Legitimacy Dispute
Organizer: "Not a Legal Debate but Association Level, Candidate Kang's Support Below 5%"
Kang Yong-seok: "Unfair Debate Favoring Specific Candidate, Average Support Over 5%"

Independent candidate Kang Yong-seok for Gyeonggi Province governor filed a provisional injunction to ban broadcasting against SK Broadband on the 6th. (Photo right: former National Assembly member Cha Myung-jin) [Kang Yong-seok Candidate Election Camp]

[Asia Economy Reporter Ra Young-cheol] As controversy over the eligibility of independent candidate Kang Yong-seok for Gyeonggi Province governor to participate in a candidate invitation debate hosted by a local press organization spreads, similar precedents regarding candidate invitation selection criteria are drawing attention.

These precedents include the principle that even if the candidate invitation criteria are left to the discretion of the media organization, they must follow the 'Public Official Election Act' to ensure equal opportunity and a fair election.

The debate organizer stated, "This is not a legally mandated debate but one held at the association level, and Kang Yong-seok's support rate did not exceed 5%," explaining the reason for excluding him from the debate invitation.

In response, candidate Kang said, "This is an unfair debate favoring certain candidates, and the average support rate from various polls exceeded 5%," and is fighting back with a lawsuit.

Kang visited the Suwon District Court on the 6th and filed a 'broadcast prohibition injunction' against cable TV SK Broadband, stating, "We must prevent infringement of candidates' public election rights and the public's right to know in advance."

In the complaint submitted to the court, Kang argued, "Candidates with an average support rate exceeding 5% in opinion polls under the Public Official Election Act should be invited to debates," and "recent polls show my support rate exceeded 5%, but I was not invited to the debate, causing irreparable harm."

He further pointed out, "The organizer invited only two candidates from the major parties without any criteria, which is difficult to accept as legitimate and exceeds the limits of discretion," and "at the same time, it effectively nullified the candidates' right to hold public office and the public's right to know."

He also cited similar precedents, saying, "There was a similar precedent in 2007 (Seoul Southern District Court, 2007.11.30, 2007KaHap3394 decision), and recently, the same injunction was granted in cases filed by presidential candidates Ahn Cheol-soo and Sim Sang-jung," requesting the court to hold a hearing by 10 a.m. on the 9th to make a prompt decision considering the seriousness and urgency of this debate issue.

Similar precedents where 'broadcast prohibition injunctions' were granted are based on the Public Official Election Act (Articles 82 and 82-2, Paragraph 4). The Public Official Election Management Rules Article 45 is also included.

Recently, the court accepted the 'broadcast prohibition injunction' filed by People's Party presidential candidate Ahn Cheol-soo and Justice Party presidential candidate Sim Sang-jung, who argued that the two-person TV debate involving only Democratic Party candidate Lee Jae-myung and People Power Party candidate Yoon Seok-youl was unfair.

At that time, the Seoul Western District Court judged that considering the previous election vote shares, opinion polls, and the number of party members, Ahn and Sim were eligible to participate in the legally mandated debate, so excluding them arbitrarily by the broadcaster was unjust.

Content of the Injunction Ruling to Ban the Broadcast of the 20s Presidential Candidates' Debate [Screenshot from YTN YouTube]

There are other similar precedents where the same injunction decision was granted.

The Seoul Southern District Court accepted the injunction request by candidate Moon Guk-hyun during the 17th presidential election, stating that holding a TV debate only with leading candidates Lee Myung-bak, Chung Dong-young, and Lee Hoi-chang was unfair. (2007KaHap3394 decision)

The court judged, "Considering the irreparable significant damage the applicant would suffer, the influence of the broadcast debate, and the timing of the debate, there are various variables affecting candidates' support rates during the remaining campaign period."

If the average support rate in opinion polls conducted from April 19, one month before the official campaign period starting May 19, exceeds 5%, the candidate qualifies for debate invitation.

According to a poll conducted by Realmeter and announced on the 4th, commissioned by MBN, surveying 815 men and women aged 18 and over residing in Gyeonggi Province on the 2nd and 3rd, independent candidate Kang Yong-seok recorded a 5.6% support rate, ranking third. Democratic Party candidate Kim Dong-yeon and People Power Party candidate Kim Eun-hye were recorded at 47.9% and 38.8%, respectively.

In a poll conducted by Public Opinion Fairness Co., Ltd. and announced on the 3rd, commissioned by Jayoo Ilbo, surveying 1,002 men and women aged 18 and over residing in Gyeonggi Province on the 2nd, Kim Eun-hye recorded 46.8%, Kim Dong-yeon 38.9%, and Kang Yong-seok 9.0% support rates.

According to a poll conducted by People Networks Research (PNR) and commissioned by Inside News on the 27th of last month, surveying 1,003 men and women aged 18 and over residing in Gyeonggi Province, Kim Eun-hye recorded 43.9%, Kim Dong-yeon 37%, showing a difference outside the margin of error (95% confidence level ±3.1 percentage points). Kang Yong-seok recorded a 7.5% support rate.

In a poll conducted by People Networks Research (PNR) and commissioned by New Daily on the 23rd and 24th of last month, surveying 804 men and women aged 18 and over residing in Gyeonggi Province, Kim Dong-yeon recorded 50.2%, Kim Eun-hye 34.0%, and independent candidate Kang Yong-seok 8.7%.

The average support rate for candidate Kang across these four polls is 7.7%. For detailed information on the polls, refer to the Central Election Poll Deliberation Commission website.

Broadcast Prohibition Injunction Application Granted - Similar Case Content Capture [Seoul Southern District Court 2007]

Meanwhile, the Incheon-Gyeonggi Journalists Association stated, "This debate is not a legally mandated debate but is conducted by the association," and "recent polls conducted by media outlets affiliated with the association show Kang's support rate did not exceed 5%, so Kang does not meet the debate invitation criteria."

In a Gyeonggi Province governor poll commissioned by the association-affiliated Kyongin Ilbo and conducted by Mono Research on the 8th and 9th of last month, surveying 1,007 voters aged 18 and over in Gyeonggi Province (95% confidence level, ±3.1% margin of error), Kang's support rate was 3.8%.

This support rate is from a poll conducted much earlier than April 19, one month before the official campaign period starting May 19.

Because of this, despite the Public Official Election Act having candidate invitation selection criteria, there is much criticism for applying only specific poll results outside the prescribed period.

As of now, this debate is scheduled to be held at 2 p.m. on the 9th at the SK Broadband Suwon Broadcasting Studio, with candidates Kim Dong-yeon and Kim Eun-hye participating as debaters.

A Gyeonggi Province Election Commission official told this outlet, "The candidate debate was reported as being hosted and organized by a local press organization, and the results will be reported to the election commission," adding, "If there is any violation of the Public Official Election Act or legal issues, we can take action."

The provincial election commission plans to hold two governor candidate invitation debates during the official election period, selecting invited candidates based on Article 82-2, Paragraph 4 of the Public Official Election Act, hosted by the election commission.

This content was produced with the assistance of AI translation services.