Two-Person KCC System, 'Self-Dismissal' of Recusal Requests Without External Legal Advice

Self-Dismissal Based Solely on 'Supreme Court Precedent'
Broadcasting Commission Explains "According to Broadcasting Act"
Democratic Party Demands "Thorough Investigation Through State Audit"

The Korea Communications Commission (KCC), which reviewed Eugene Group's acquisition of YTN, was found to have dismissed a recusation request against its commissioners 'by itself' without seeking external legal advice. Although legal interpretation was necessary due to the exceptional two-member system, it is criticized for proceeding with the YTN acquisition process after making an arbitrary decision.

Lee Sang-in, Acting Chairman of the Korea Communications Commission, is responding to questions from lawmakers at the Science, Technology, Information and Broadcasting and Communications Committee plenary session held at the National Assembly on the 5th. Photo by Hyunmin Kim kimhyun81@

According to materials received by Rep. Lee Hoon-gi of the Democratic Party from the KCC on the 8th, the KCC dismissed the recusation request against former KCC Chairman Lee Dong-gwan and Vice Chairman Lee Sang-in by citing only 'Supreme Court precedents' without external legal consultation in November last year. Furthermore, they claimed it was a lawful decision under Article 14 of the Act on the Establishment and Operation of the Korea Communications Commission (KCC Act). According to Article 14 of the KCC Act, if a fair decision is difficult to expect, a party may request recusation, but more than two commissioners cannot be recused for the same agenda.

The Supreme Court precedent cited by the KCC was a dismissal case of an invalid dismissal lawsuit through a disciplinary committee for faculty members, ruled on November 27, 2015. At that time, the court dismissed the appeal filed by the plaintiff claiming invalid dismissal, stating, "If it is clear that the recusation request is intended to delay disciplinary procedures, the request itself constitutes an abuse of the right to request recusation and is therefore improper," and explained, "Such requests should not be allowed." Vice Chairman Lee also cited the Supreme Court precedent as the basis for dismissing the recusation request during a recent inquiry at the National Assembly's Science, Technology, Information and Communications Committee on the 25th of last month.

However, in the case of dismissing the recusation request during the YTN acquisition process, there were variables such as the exceptional two-member system and conflict of interest issues. In November last year, the KCC, operating with only two commissioners?former Chairman Lee and Vice Chairman Lee?began the approval process for the change of the largest shareholder for Eugene Group's acquisition of YTN. During this process, the YTN labor union filed a recusation request against the two on the 23rd of the same month. Former Chairman Lee was involved in litigation with YTN employees, and Vice Chairman Lee was considered to have a conflict of interest as he had served as a lawyer in the breach of trust and embezzlement case involving Eugene Group Chairwoman Yoo Kyung-sun from 2012 to 2015. However, the KCC dismissed the recusation request within a week through a closed plenary meeting. A KCC official stated that the reason for dismissing the request without external legal advice was "in accordance with the KCC Act."

The court pointed out the possibility of illegality regarding the KCC's approval of the YTN acquisition under the two-member system. On May 23, the Seoul High Court dismissed the YTN labor union's request for a suspension of execution of the approval for the change of the largest shareholder against the KCC. However, the court explained, "Considering the content of Article 13(1) of the KCC Act, there is a possibility of interpreting that at least three commissioners, including two or more KCC commissioners who requested the meeting and the KCC chairman, are required," and added, "Since the sale of YTN was conducted with the approval of only two commissioners, there is a possibility of procedural illegality."

Democratic Party Rep. Lee Hoon-gi said, "The KCC applied the Supreme Court precedent on the abuse of recusation requests in a self-serving manner to dismiss the recusation request by itself," and added, "All illegal acts committed by the KCC in the process of media control must be thoroughly investigated through a national audit."

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