Maeil Broadcasting Network (MBN) won the appeal in the second trial against the Korea Communications Commission's (KCC) '6-month business suspension' order issued in 2020.
On the 25th, the Seoul High Court Administrative Division 11-1 (Chief Judge Choi Suhwan) overturned the first trial ruling, which had dismissed MBN's lawsuit against the KCC seeking cancellation of the business suspension order, and ruled in favor of MBN. The court ordered both MBN and the KCC to bear their own litigation costs.
The court stated, "The first trial's judgment on the grounds for the order appears appropriate," but added, "Even if the plaintiff's misconduct affected the review process improperly, it is difficult to see that the plaintiff's wrongdoing fundamentally damaged its social function as a media organization."
Furthermore, the court said, "Since the grounds for the order do not involve conduct that would be subject to criticism in the course of the plaintiff's broadcasting, considering all these points, it is hard to conclude that this order was made by properly balancing the degree of public interest infringement and the disadvantages the plaintiff would suffer from the order."
Previously, in October 2020, the KCC imposed a six-month business suspension on MBN, claiming that MBN illegally raised capital in violation of the Broadcasting Act. However, to minimize damage to partner companies, the suspension was deferred for six months.
MBN appealed the first trial decision and requested the court to temporarily suspend the KCC's order. The court accepted this request and suspended the effect of the KCC's order until the 30th day after the appellate ruling.
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