Former Broadcasting Commissioner Hansanghyeok's 'Suspension of Dismissal Execution' Result Expected Next Week

Court "Decision by the 23rd"

Former Korea Communications Commission Chairman Han Sang-hyuk's request for a suspension of execution, filed with the court in objection to his dismissal, is expected to be decided by next week at the latest.

[Image source=Yonhap News]

The Administrative Division 1 of the Seoul Administrative Court (Presiding Judge Kang Dong-hyuk) held a hearing on the suspension of execution request filed by former Chairman Han against President Yoon Suk-yeol's dismissal order on the 12th, stating, "We will make a decision by next Friday (the 23rd)" and "Both parties are requested to submit detailed written statements."

Han's legal representative argued, "The dismissal is a method of excluding duties that does not comply with the Korea Communications Commission Act for a chairman who has undergone a personnel hearing," and "Dismissing based on indictment violates the presumption of innocence and the freedom to choose one's occupation, which is incorrect." The argument is that removal from office cannot be done by any means other than impeachment.

He also referred to the administrative court's decision to suspend the effect of the two-month suspension disciplinary action against President Yoon, who was then Prosecutor General in December 2020, pointing out, "The court ruled that even a short period of inability to perform duties constitutes irreparable harm."

On the other hand, President Yoon's side rebutted, "The chairman is also a commissioner of the Korea Communications Commission, and looking at bodies such as the National Human Rights Commission or the Fair Trade Commission, there is no distinction between commissioners and the chairman," and "(The plaintiff's claim) means that no disciplinary action other than impeachment can be taken." They emphasized that the dismissal of former Chairman Han is a matter different from indictment. The reason for dismissal is explained as distributing false press releases, such as denying involvement in the re-approval review.

The court pointed out, "In the administrative court's hearing, whether the matter constitutes a criminal offense is not important; the facts related to the disposition are important," and "The most crucial issue is whether it was appropriate to order the hearing procedure despite former Chairman Han being aware that the evaluation results of TV Chosun had been changed."

Former Chairman Han was indicted without detention on the 2nd of last month on charges of appointing a civic group figure who opposed TV Chosun as a screening committee member on March 11, 2020, and knowingly overlooking the manipulation of TV Chosun's evaluation scores in April of the same year. Accordingly, the government proceeded with the dismissal process of former Chairman Han on the grounds of violating the Korea Communications Commission Act and the National Public Service Act.

President Yoon approved the dismissal proposal for former Chairman Han on the 30th of last month. On the 1st, former Chairman Han filed a cancellation lawsuit against the dismissal and simultaneously submitted a request for suspension of execution.

Former Chairman Han did not appear in court on this day. There is no obligation for the party to attend the hearing.

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