Court: "Voters Have the Right to Watch Candidates' Debates"... Kang Yong-seok's Injunction to Ban Broadcast Granted (Comprehensive)

"Opportunity to Make the Right Choice by Comparing Each Candidate Important"
Uncertainty Over Hosting 'Gyeonggi Governor Candidate Debate' Organized by Local Press Association

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

[Asia Economy Reporter Ra Young-cheol] The 'broadcast ban injunction' filed by independent candidate Kang Yong-seok for Gyeonggi Province governor against a candidate invitation debate hosted by a local media organization was granted by the court, resulting in the cancellation of the one-on-one broadcast debate scheduled for May 9 between Democratic Party candidate Kim Dong-yeon and People Power Party candidate Kim Eun-hye.

The Suwon District Court Civil Division 31 (Presiding Judge Kim Se-yoon) announced on the same day, "The Gyeonggi Journalists Club (hereafter, the debate organizer) must not broadcast live or record and broadcast the 8th simultaneous nationwide local election Gyeonggi Province governor candidate invitation debate scheduled for 2 p.m. on May 9, excluding the applicant (hereafter, candidate Kang Yong-seok)."

In the ruling, the court stated, "Candidate Kang Yong-seok has demonstrated a protected right to seek a ban on the live broadcast or recording of the debate hosted by the Gyeonggi Journalists Club that is scheduled to be held excluding him, and Kang has clearly expressed his intention to broadcast the debate," adding, "Considering the high public interest in the election and the status of the debate organizer as a cable broadcaster, the impact of the candidate's live or recorded broadcast of the debate is expected to be significant. Even if other broadcasters besides the candidate broadcast the debate, it does not change the situation. Taking into account the purpose and various circumstances, this is established."

In particular, the court noted, "When hosting a debate organized by an association, broad discretion is recognized not only in the number, format, and content composition but also in the selection of invitees," and judged, "For voters, it is very important as it provides an opportunity to closely observe the debate process among candidates, understand candidates' policies, political ideologies, and key election issues, and then compare each candidate to make a correct choice."

Furthermore, the court added, "Debates organized by associations held just before the election, especially those broadcast live directly to voters via cable TV as in this case, are efficient and important election campaigns where candidates can reveal their qualifications and political abilities to differentiate themselves from other candidates."

It also explained, "In light of the importance of such association-hosted debates, in addition to the intent of Article 82-2 Paragraph 4 of the Public Official Election Act regarding the eligibility criteria for invitees to court debates, it is necessary to comprehensively consider the candidate's likelihood of winning, whether the candidate is a focus of voter interest in the electoral district, the nature of the organizing association, the timing of the debate, the influence or ripple effect of the debate, and the political reality of our country."

Earlier, the Gyeonggi Journalists Club, the organizer of this debate, excluded candidate Kang Yong-seok from the invitation, stating, "This is an association-level debate, not a court debate, and Kang Yong-seok's support rate did not exceed 5%."

In response, candidate Kang said, "This is an unfair debate favoring specific candidates, and according to several opinion polls, my average support rate exceeded 5%," and filed a 'broadcast ban injunction' against cable TV SK Broadband on May 6.

In the petition submitted to the court, candidate Kang stated, "According to the Public Official Election Act, candidates with an average support rate exceeding 5% in opinion polls are eligible for debate invitations," and "Recent polls show my support rate exceeded 5%, but I was not invited to the debate, causing irreparable harm."

He further criticized, "The organizer invited only the two major party candidates 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."

Meanwhile, considering the remaining election schedule, each candidate's campaign plans, and the two court debates scheduled to be hosted and organized by the Gyeonggi Province Election Commission, the holding of the local media organization-hosted 'Gyeonggi Province Governor Candidate Invitation Debate' has become uncertain following the court's ruling.

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