Court Rules KCC's Two-Member Appointment of KBS Auditor "Lawful"... Park Chanwook Loses Case
"Two-Member Decision Also Meets Quorum Requirement"
A court has ruled that the appointment of an auditor at the Korean Broadcasting System (KBS), decided by the Korea Communications Commission (KCC) with only two standing commissioners participating, was lawful.
The 11th Administrative Division of the Seoul Administrative Court (Presiding Judge Kim Junyoung) on May 15 ruled against the plaintiff in a lawsuit filed by Park Chanwook, KBS auditor, against the Broadcasting and Media Communications Commission (formerly the Korea Communications Commission), in which Park requested confirmation that the appointment of the (successor) auditor was invalid.
The court recognized the validity of the "two-member system" decision, which was the key issue in this case. The court stated, "The KCC's decision, made with the attendance and approval of both of its two commissioners, fulfills the quorum requirement specified in Article 13, Paragraph 2, of the former KCC Act." Allegations of procedural illegality or abuse of discretionary power were also not accepted.
This ruling contradicts previous court decisions in similar lawsuits, where the court found the KCC's two-member decisions to be unlawful.
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Previously, on February 28 last year, the KCC appointed Jeong Ji-hwan, a former head of the KBS news division and former non-executive director of the Korea Broadcasting Advertising Corporation, as Park's successor. Park claimed that the decision, made by then-chair Lee Jin-sook and Vice Chair Kim Tae-kyu as a two-member body, was unlawful and filed a lawsuit to nullify the appointment, as well as an application to suspend the execution. The application for suspension was dismissed in the first instance, but the Seoul High Court, which handled the appeal, overturned that decision and granted Park's request. This decision was finalized by the Supreme Court in September last year.
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