Court Orders KBS Board Members Appointed by Former President Yoon to Halt Duties Until Second Instance

KBS Union: "Board Members Must Drop Their Appeal"

The court has suspended the effect of the appointment of seven KBS board members who were appointed by former President Yoon Suk Yeol.

Seoul Family Court, Seoul Administrative Court. Provided by Yonhap News

According to the legal community on the 4th, the 14th Administrative Division of the Seoul Administrative Court (Presiding Judge Lee Sangdeok) accepted an application filed by former KBS board member Cho Sookhyun, who requested, "Please suspend the execution of the appointment of seven KBS board members made on July 31, 2024," and issued a ruling granting the request. Accordingly, the effect of the appointment in question will be suspended until the 30th day from the date of the second-instance judgment in the main case.

In its decision, the court stated, "In the first instance of the main case, a judgment was rendered canceling the appointment of the board members, and if the disposition is executed as it stands, there is a concern that the applicant will suffer irreparable harm," adding, "There is an urgent need to grant a stay of execution." The court also added, "There is little concern that the stay of execution will have a significant impact on the public interest."

This application for a stay of execution is linked to the lawsuit for cancellation of the appointments filed by five former and current KBS board members, including former board member Cho, who are classified as being aligned with the current ruling bloc. They filed the lawsuit in August last year, shortly after former President Yoon appointed the seven board members, arguing that it was unlawful for the Korea Communications Commission, operating under a 'two-member system', to recommend seven board members allotted to the ruling party.

On January 22, the court of first instance ruled in their favor and ordered the cancellation of the appointment disposition. The court found that the Korea Communications Commission proceeded with the recommendation vote while three out of the five statutory commissioner positions were vacant, thereby failing to meet the quorum requirement. It therefore held that there was a serious procedural defect in the resolution recommending KBS board members.

President Lee Jaemyung, who has succeeded to the status of defendant in this lawsuit, accepted the first-instance ruling and on the previous day waived an appeal. However, as opposition-aligned board members who are included among those whose appointments are subject to cancellation have filed a notice of appeal as auxiliary intervenors, the case will move to the second instance if the court recognizes their participation. Auxiliary intervention is a procedure that allows a third party with a legal interest in the outcome of a lawsuit to participate in order to assist one party in winning the case.

In relation to this, the KBS chapter of the National Union of Mediaworkers issued a statement saying, "This decision once again confirms the illegality of the two-member Korea Communications Commission," and added, "The board members who have obstructed the normalization of public broadcasting should forgo an appeal and take responsible action."