Court Rules "Anchor Replacement Without Consent Illegal" KBS Media Union Injunction Request 'Dismissed'
"Hard to Recognize as an Independent Organization"
The provisional injunction application filed by the Korea Broadcasting System Headquarters of the National Union of Mediaworkers (Media Union KBS Headquarters), claiming that the replacement of news and radio program hosts without consent violated the collective agreement, was dismissed.
On the 23rd, the 51st Civil Division of the Seoul Southern District Court stated, "Based on the materials submitted at this stage alone, it is insufficient to consider the creditor (Media Union KBS Headquarters) as an independent entity conducting separate activities from the union involved in this case. It is difficult to see that the creditor has the capacity to file this provisional injunction application," and dismissed the Media Union KBS Headquarters' provisional injunction application.
Dismissal refers to a legal act that terminates a trial without judgment on the content when the submitted complaint does not meet the procedural requirements due to formal defects.
Last month, Park Min, President of KBS, is seated at the plenary meeting of the Science, Technology, Information and Broadcasting Communications Committee held at the National Assembly.
[Image source=Yonhap News]
Last November, KBS replaced hosts of current affairs radio programs such as 'Joo Jin-woo Live' and 'Choi Kang Sisa,' and deleted the scheduling of the current affairs broadcast program 'The Live' just before airing. In response, the Media Union KBS Headquarters argued, "The sudden replacement of hosts and unilateral broadcasting reorganization infringe on the autonomy of the production teams in broadcasting production and may lead to livelihood issues for the production staff, many of whom are non-regular employees," adding, "These actions violate not only the collective agreement but also the debtor's programming regulations and the Broadcasting Act, which legally guarantees the freedom and independence of broadcasting programming."
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The court also dismissed the provisional injunction application to suspend the effect of the resolution recommending the appointment of President Park Min filed by the Media Union KBS Headquarters on the same day. The court ruled, "The creditor is not a member of the board of directors with the authority to recommend the appointment of the debtor corporation's president, and it is difficult to consider that the creditor has a legal interest regarding the appointment recommendation of the debtor corporation's president." The union filed a lawsuit last October, claiming that President Park's appointment was made through an irregular procedure.
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