KCC "Immediate Appeal Against Suspension Stay of MBN Operations"

[Image source=Yonhap News]

[Asia Economy Reporter Joesulgina] The Korea Communications Commission (KCC) announced on the 2nd that it will file an immediate appeal against the Seoul Administrative Court's decision to suspend the six-month administrative suspension order against Maeil Broadcasting Network (MBN).

The KCC pointed out, "The suspension of the order's effect could seriously impact public welfare by undermining the public's trust in the broadcasting's public responsibility, fairness, and public interest." It also argued, "There is no reasonable or clear justification for MBN's lawsuit seeking cancellation of the six-month suspension order," and stated, "It is appropriate that the suspension of the six-month administrative order should not be allowed."

On the 24th of last month, the Administrative Division 2 of the Seoul Administrative Court accepted MBN's request for a suspension of the enforcement of the six-month suspension order against the KCC. Accordingly, the suspension order issued by the KCC will lose its effect until 30 days after the first trial ruling on the lawsuit filed by MBN is made. The court explained the reason for its decision, stating, "There is a concern that irreparable damage may occur to the applicant (MBN) due to the suspension order, and it is recognized that there is an urgent need to prevent such damage."

The KCC, which decided to appeal, also expressed the position that it is necessary to receive further judicial review regarding the reasons stated by the court at that time. Separately, it also plans to respond to the main administrative lawsuit filed by MBN. Considering the usual duration of administrative lawsuits, there is a possibility that the legal dispute will be prolonged.

Last November, the KCC resolved a six-month suspension order against MBN for violating the Broadcasting Act by allegedly raising capital through acquiring its own shares under a borrowed name during the launch of the comprehensive programming channel. However, the suspension was deferred for six months to minimize damage to partners and others. Subsequently, as the blackout approached at the end of May, MBN filed a lawsuit last month seeking cancellation of the KCC's suspension order, claiming it was excessively severe, and also submitted a request for suspension of enforcement.