The Broadcasting Media and Communications Commission (BMCC) was unable to reach a conclusion regarding the cancellation of the approval for the change of YTN's largest shareholder. With opinions split 2-2 between immediate cancellation and waiting for a final ruling, the decision of non-permanent member Ryu Shin-hwan, who chose to withhold judgment, is expected to determine the outcome.
On August 14, the BMCC held its 28th general meeting at the government complex in Gwacheon, where members shared their views on the cancellation of the approval for YTN's largest shareholder change.
Chairman Kim Jong-cheol, who has previously submitted an opinion advocating for the cancellation of the approval, did not participate in the discussion. The meeting was conducted by Ko Min-soo, who served as acting chair.
Non-permanent members Choi Soo-young and Lee Sang-geun were the first to speak, expressing that it would be difficult to cancel the approval at this stage.
Choi stated, "The first-instance ruling declaring the two-member decision illegal has not yet been finalized. Even if there are issues with the handling of the disqualification request and additional review procedures, it requires further legal examination to determine if there are independent and significant defects warranting the cancellation of the entire approval."
He emphasized the need for caution, noting that since the composition and decision-making process of the commission were not determined by Yujin ENT, it would be problematic to disadvantage an approved operator based on procedural flaws within the former Korea Communications Commission.
Choi added, "Knowing that there is controversy and recognizing that the decision is legally flawed are two different matters. If the decision is canceled, it could create significant uncertainty regarding Yujin ENT's voting rights and share disposition, as well as YTN's board and management structure." He also warned that the potential for prolonged disputes through injunctions and administrative lawsuits could exacerbate YTN's management instability.
Lee also expressed the need to withhold judgment until a final ruling is made. He pointed out, "If the commission participates as a party in the trial, public opinions from the members could lead to controversies about influencing the court. This could also create grounds for disqualification of the members when reviewing future matters related to Yujin ENT and YTN."
He raised questions about the practical benefits of a cancellation by the commission, stating, "Even if the BMCC cancels the approval, if the court grants Yujin ENT's request for an injunction, nothing will realistically change. The commission could only face criticism."
In contrast, member Yoon Sung-ok argued that the commission should begin a hearing process in the next meeting. Yoon noted, "The illegality of the two-member decision has already been recognized in the first-instance ruling. There are precedents where administrative agencies have canceled existing decisions without waiting for a final ruling, even while an appeal is ongoing." He continued, "There are multiple legal grounds for cancellation, including the two-member decision, the handling of disqualification procedures, unfair reviews, integrated sales, and violations of collective agreements. Therefore, cancellation is possible at this stage, and the hearing process should commence in the next meeting."
Acting Chairman Ko stated that the previous approval decision by the former Korea Communications Commission could be considered void rather than simply cancelable. He asserted, "To maintain the essence of a collegial body, a quorum of at least three members is necessary. A decision made by two members, which is below the majority of five, is a significant violation of the essence and the establishment law of a collegial administrative body."
Ko also urged for a swift decision, indicating that the differences in members' positions have been sufficiently revealed, and he would announce whether to include the matter in the agenda for the next meeting.
Meanwhile, non-permanent member Ryu Shin-hwan chose to withhold judgment. He acknowledged the illegality of the two-member decision and the potential infringement on public broadcasting but deemed it necessary to further verify Yujin ENT's false statements, collusion, and the circumstances surrounding the inadequate review. He suggested that alternative sanctions should also be considered, holding YTN and its board directly accountable, in addition to canceling the approval.
* This article has been translated by AI.
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