Constitutional Court Rules "KBS Subscription Fee and Electricity Bill Separate Collection" Broadcasting Act Enforcement Decree Constitutional

The Constitutional Court has ruled that the Enforcement Decree of the Broadcasting Act, which stipulates that the Korea Broadcasting System (KBS) license fee must be collected separately from the electricity bill, does not violate the Constitution.

Constitutional Court Chief Justice Lee Jong-seok and other constitutional justices are attending the May judgment case announcement held at the Constitutional Court in Jongno-gu, Seoul on the 30th. Photo by Kang Jin-hyung aymsdream@

On the 30th, the Constitutional Court dismissed KBS's constitutional complaint against Article 43, Paragraph 2 of the Enforcement Decree of the Broadcasting Act, which contains provisions on 'separate collection of license fees,' by a 6 to 3 vote. The Court ruled that "the provision does not infringe on the petitioner’s freedom to operate broadcasting."

The Chairperson of the Korea Communications Commission (KCC) announced a partial amendment to Article 43, Paragraph 2 of the Enforcement Decree of the Broadcasting Act last June, which prohibits collecting the KBS license fee combined with the electricity bill. Subsequently, the amendment was deliberated at the Cabinet meeting on July 11 of the same year, approved by the President, and promulgated and enforced on July 12.

In response, KBS filed a constitutional complaint, arguing that the provision infringed on the freedom of broadcasting and the freedom to perform their profession. KBS claimed, "Separate collection of the license fee actually causes inconvenience to the public and is not an appropriate means to enhance public convenience," and added, "It significantly hinders the neutrality and independence of the public broadcaster." Furthermore, KBS pointed out procedural violations, stating, "The legislative notice period was arbitrarily shortened, and the partial amendment to the provision was approved by only two out of three members present in the KCC, which should have been composed of five commissioners."

However, the Constitutional Court rejected KBS's claims, stating, "The provision in question cannot be seen as affecting the petitioner’s (KBS) financial independence to the extent of undermining the function of the public broadcaster," and "It does not exceed the limits of legislative discretion to infringe on the petitioner’s freedom of broadcasting." The Court also dismissed related complaints regarding the legislative process, finding no illegalities.

However, three justices?Kim Ki-young, Moon Hyung-bae, and Lee Min-seon?dissented, arguing that the provision "violates the principle of legal reservation and infringes on the petitioner’s (KBS) freedom to operate broadcasting." Additionally, two justices, Kim Ki-young and Moon Hyung-bae, dissented on the legislative process, stating that it violated the principles of due process and protection of trust, thereby infringing on the freedom of broadcasting.

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