Kim Young-sik "Increased Corporate Burden Due to Broadcasting Commission Guideline Loophole Exploitation"

People Power Party Rep. Kim Young-sik Points Out
"Guidelines Without Delegation Clauses Have Been Continuously Established Since 2015"

[Asia Economy Reporter Minyoung Cha] The Korea Communications Commission (KCC) has been criticized in the National Assembly for continuously establishing guidelines without legal delegation clauses since 2015 and increasing the burden on broadcasting and telecommunications companies by linking these guidelines to licensing conditions.

According to Kim Young-sik, a member of the National Assembly’s Science, Technology, Information and Broadcasting and Communications Committee from the People Power Party (photo), guidelines generally have no legal binding force as they lack legal delegation clauses. However, the KCC has been giving normative force by imposing obligations to comply with guidelines as conditions for business permits, approvals, and recommendations.

During the re-licensing process of terrestrial broadcasting operators, the KCC enforced guidelines by imposing compliance as a conditional clause, making it impossible to obtain future business licenses if violated. According to the KCC’s annual guideline establishment status data, the commission has introduced 2 to 4 new guidelines every year since 2015. Notably, under the Moon Jae-in administration, which emphasized regulatory reform to promote the broadcasting and telecommunications industry, a record 12 guidelines were introduced. Previously, the Lee Myung-bak administration established 5, and the Park Geun-hye administration established 8 guidelines.

Regarding this, Representative Kim stated, "Generally, guidelines are presented to establish voluntary market order, but the KCC has been confirmed to abuse them as a means to strengthen the authority of the ministry. The current situation where companies suffer for the sake of enhancing ministerial power must be immediately improved."

He added, "The case of abusing guidelines in a roundabout way is probably not limited to the KCC. The Prime Minister’s Office should inspect the actual status of the improper use of guidelines across all ministries to correct the wrong practices of past governments."