Court Dismisses KBS Lawsuit to Cancel Refund of Unregistered TV License Fee Overcharges
Suspension of Execution Request Also Dismissed Last April
Korea Broadcasting System (KBS) filed a lawsuit requesting the cancellation of the Board of Audit and Inspection's decision to refund the broadcasting fees overcharged to some viewers who did not register their TV receivers, but the request was not accepted.
The Seoul Administrative Court, Administrative Division 14 (Chief Judge Song Gak-yeop), on the 7th, dismissed the lawsuit filed by KBS President Park Min and KBS against the Board of Audit and Inspection seeking to cancel the dismissal of the reconsideration. Dismissal is a decision to end the trial without substantive examination when the lawsuit or claim requirements are not met.
In March of last year, the Board of Audit and Inspection disclosed the results of its audit on KBS license fees, notifying that KBS had overcharged approximately 762.87 million KRW in license fees from 2011 to September 2022 in an improper manner and ordered a refund. Despite Article 66, Paragraph 2 of the Broadcasting Act allowing the imposition and collection of a surcharge equivalent to one year's license fee for owners of unregistered TV receivers, KBS was found to have overcharged fees unfairly based on internal legal advice contrary to the interpretations of the Ministry of Government Legislation and other legal authorities. KBS requested a reconsideration in April last year, but the Board of Audit and Inspection dismissed it in October of the same year. In response, KBS filed an administrative lawsuit and simultaneously applied for a suspension of execution to halt the effect of the Board of Audit and Inspection's notification.
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Prior to this decision, the court also dismissed KBS's application for suspension of execution in April. The Board of Audit and Inspection's notification was merely a request to take action on certain matters, and KBS has discretion regarding compliance with the notification. The court ruled, "KBS is not obligated to follow the notification, and even if it does not comply, it cannot be forced to do so," adding, "There are no legal provisions or penalties to sanction failure to take action on the warning."
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