Korea Communications Commission Releases Individual Opinions on 'YTN Acquisition Cancellation'; Differences Among Members Confirmed

▲ Standing Commissioner Go Min-soo presides over the 28th meeting of the Korea Communications Commission.

The Korea Communications Commission (KCC), which has deliberated over the past four months on the appropriateness of the decision to approve the change of YTN's largest shareholder, has released the individual opinions of its five members.

Amid growing calls from some quarters to conclude the matter, the commission decided to transparently disclose the stances because members hold differing views on whether illegality exists, and even those with similar judgments base them on different grounds.

The KCC held a plenary meeting on the afternoon of the 14th, placing "Matters concerning subsequent administrative measures based on defects in the decision to approve Eugene Ent as the largest shareholder of YTN" on the agenda as miscellaneous business to disclose these details.

During the meeting, which lasted for over an hour, some members argued that there were clear procedural flaws, including the illegality of the former Korea Communications Commission's two-member decision system and the handling of the refusal application process. Meanwhile, others countered that because the second-instance trial is underway, a decision should be made only after watching the court's judgment.

First, member Choi Soo-young stated that based on the facts confirmed so far, it is difficult to view that sufficient legal requirements have been met to revoke the approval for the change.

Choi added, "To revoke it by authority, we must weigh the public interest of the cancellation against the disadvantages that Eugene Group and YTN will suffer," noting that "there are concerns about uncertainties in the board of directors and management system, and the possibility that (the current situation) could be prolonged through stay of execution and administrative litigation."

Accordingly, Choi stated, "My opinion is to make a judgment after confirming whether Eugene Group actually directed or intervened through the ongoing trials, investigations, and the Board of Audit and Inspection's audit results."

Member Lee Sang-keun agreed with Choi's opinion, saying, "My personal conviction is to wait until the Supreme Court ruling comes out."

Citing his past experience as an outside director of a company, he explained that the legal risks that individual members must bear are "too massive to handle."

He also mentioned that if the court decides to suspend execution regarding Eugene Group's injunction application following the KCC's disposition, the commission's administrative action could face criticism.

Member Yoon Sung-ok spent the most time among the five members emphasizing the legitimacy of canceling the change approval.

Stating that "revocation by authority is possible," Yoon pointed out not only the illegality of the two-member decision system but also various procedural problems.

Yoon noted, "The participation of then-Chairman Lee Dong-kwan—who was the subject of the refusal application—in the meeting during the former KCC era was illegal and void because a member lacking qualification to participate took part and voted."

Furthermore, Yoon emphasized, "Since the KCC gave up its appeal after the first-instance ruling, taking subsequent measures is a natural procedure," adding, "There are numerous precedents where revocation by authority was carried out even at a stage where the Supreme Court appeal trial is ongoing, meaning the ruling has not yet been finalized."

Member Ryu Shin-hwan noted that procedural flaws—such as the two-member decision system and the handling of the refusal application—were serious and significant, and that an abuse of discretionary power, such as the screening committee's sloppy review, was confirmed. However, he did not agree to executing a revocation by authority right away.

Ryu stated, "I believe there are parts where additional factual relationships are insufficient," and added, "My opinion is that the factual relationships have not been sufficiently revealed to make a judgment."

Accordingly, Ryu added, "If additional problems are found regarding the commission's order for a bulk sale, the operation of the advisory group, and the conditions for approval change, it should be canceled."

Standing Commissioner Go Min-soo, who is serving as acting chairperson for the agenda item due to Chairperson Kim Jong-chul's recusal on the 15th of last month, stated, "We should confirm the nullity of the change approval disposition or at least revoke it."

In the end, opinions on this pending issue were divided into "2 in favor and 3 cautious," preventing a vote from taking place.

Near the end of the meeting, Go remarked, "Since we have confirmed our differences, there is no need for it to take this long [to reach a decision]," and proposed, "I suggest that we wrap up our deliberations promptly and enter into a vote on this agenda item at the KCC."

It is considered unusual for the commission to table such a major pending issue as miscellaneous business rather than as an agenda item for "voting" or "reporting."

This is interpreted as an intention to transparently communicate the commission's four-month deliberation process, raise the necessity for continued deliberation, and simultaneously signal that a vote will be necessary in the near future.

Prior to the KCC meeting, the YTN chapter of the National Media Union issued a statement urging, "The KCC's delaying of its decision out of fear of litigation is a clear evasion of responsibility," and demanding, "As the regulatory agency, immediately revoke the approval of YTN's largest shareholder."

(Photo: Yonhap News)

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