KBS Files Injunction Against Korea Communications Commission at Constitutional Court... "Suspension of Enforcement Decree Amendment on Separate Collection of License Fees"
KBS has filed an injunction request with the Constitutional Court to suspend the amendment of the Enforcement Decree of the Broadcasting Act that separates TV broadcast reception fees from electricity bills.
On the afternoon of the 21st, KBS submitted an injunction request titled "Suspension of the Amendment Procedure of the Enforcement Decree of the Broadcasting Act" to the Constitutional Court.
An injunction is a temporary order issued before the main decision. Usually, when filing a constitutional complaint or other main claims, an injunction is requested to suspend the effect of public authority actions that infringe on fundamental rights until the Constitutional Court issues a ruling on the main case. However, in urgent cases, an injunction may be requested before filing the main claim.
In this injunction request, KBS asked the Constitutional Court to suspend the amendment procedure of the Enforcement Decree of the Broadcasting Act until the decision on the main constitutional complaint against the Korea Communications Commission is made, or to temporarily suspend the effect of the decree even if it is amended.
KBS argued that "this amendment of the Enforcement Decree is an attempt that goes against constitutional principles, as the executive branch is trying to restrict matters prescribed by law by the National Assembly through the amendment of the enforcement decree without special grounds."
They also pointed out procedural issues, stating, "The public notice period was unusually shortened. Normally, the public notice period should be at least 40 days unless there are special circumstances, but the Korea Communications Commission shortened it to 10 days without explaining the background."
KBS plans to soon file a constitutional complaint against the Korea Communications Commission's amendment of the enforcement decree.
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The Korea Communications Commission announced the amendment of the Enforcement Decree of the Broadcasting Act on the 16th to separate the reception fee from electricity bills.
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