Law: "'Kim Eo-jun News Factory' KCC Sanction Is Not Illegal"

The court ruled that the sanction imposed by the Korea Communications Commission on TBS Radio's 'Kim Eo-jun's News Factory' was justified.

Kim Eo-jun, Chief of Ddanzi Ilbo
Photo by Yonhap News

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On the 18th, the Seoul Administrative Court's Administrative Division 8 (Presiding Judge Lee Jeong-hee) dismissed TBS's lawsuit seeking to cancel the sanction imposed by the KCC, stating, "The act in question constitutes an act of support and proclamation, and there is no illegality in the defendant's (KCC's) sanction."

TBS also requested a constitutional review, arguing that the legal basis for the KCC's statutory sanctions?the fairness standards under the Broadcasting Act and the Public Official Election Act?violated the Constitution, but this was also rejected.

The court stated, "It is difficult to see the law itself as unconstitutional, and the related special provisions do not violate the principle of proportionality or other principles."

Previously, the KCC judged that Mr. Kim's remarks on YouTube in October 2021 publicly expressed support for Lee Jae-myung, the then presidential candidate of the Democratic Party of Korea, and decided to impose a statutory sanction of a 'warning' on 'Kim Eo-jun's News Factory.' A warning is a severe penalty that applies 2 penalty points in the broadcaster's license renewal review.

TBS filed an administrative lawsuit on the grounds that "Mr. Kim's remarks were personal impressions and commentary on the candidate's life on his personal YouTube channel, not intentional statements supporting a specific candidate."

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