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KCC Fails to Put YTN Acquisition Cancellation Hearing on Agenda Due to Absence of Members

Only 3 of 6 members remain… Quorum issue emerges as a new point of contention


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▲ Chairperson Kim Jong-chul presides over the 29th meeting of the Korea Communications Commission (KCC equivalent).

The Korea Communications Commission (KCC equivalent) attempted to place an agenda item regarding hearing procedures related to the revocation of approval for Eugene Ent's largest shareholder acquisition of YTN, but failed to put it on the agenda as three out of the six members did not participate in the deliberation.

On the morning of the 21st, the commission held its 29th meeting at the Government Complex-Gwacheon and sought to table the agenda item concerning the "hearing on Eugene Ent Corporation."

Under the Administrative Procedures Act, a "hearing procedure" refers to a process in which an administrative agency directly hears opinions from parties concerned and investigates evidence before issuing an adverse disposition against them.

In the case of pending issues related to YTN, interpretations could emerge that the commission's action presumes a disposition of revocation by its authority, leading to differences of opinion among the members.

Vice Chairperson Go Min-soo, who presided over the meeting in place of Chairperson Kim Jong-chul—who recused himself from the agenda item on July 15 due to a conflict of interest—stated, "We put the hearing agenda on the table to ensure prudence and appropriateness in the disposition."

Member Choi Soo-young declared her non-participation in the deliberation and resolution through a procedural remark.

"The hearing procedure should not be a process designed to predetermine a conclusion and back it up," Choi said, adding, "We must wait and watch the court's judgments, investigations, and audits," before walking out of the meeting room.

Member Lee Sang-keun also agreed with Choi's opinion, stating, "It is deeply concerning whether the rule of law will operate properly if the administrative agency takes action first before the appellate court's judgment comes out," and added, "I cannot find any justification for why this has to be done so hastily."

Member Lee also left the room after making these remarks.

The members remaining in the plenary meeting room were three: Vice Chairperson Go Min-soo, Member Ryu Shin-hwan, and Member Yoon Sung-ok.

Vice Chairperson Go asked the secretariat whether the agenda item could be deliberated. Citing Article 13, Paragraph 2 of the Act on the Establishment of the Korea Communications Commission, which states that meetings are convened with the attendance of four or more members, the secretariat stated, "Since there are three people left, controversy could arise, so a legal review is necessary."

Member Yoon Sung-ok mentioned Member Choi's previous remarks and expressed strong regret.

"This is not a hearing held with a predetermined conclusion, but a procedure granted to guarantee the parties' right to defense," Yoon said, asking, "Must we not question whether we are fulfilling our responsibilities and duties regarding the refusal to conduct such a procedure?"

In the end, three out of the six members (Chairperson Kim Jong-chul, Member Choi Soo-young, and Member Lee Sang-keun) left the meeting. Vice Chairperson Go stated, "It seems that sharp differences have emerged among members," adding, "As we intended to conduct a hearing, I want to say that we will continue to address [the agenda item]."

Although the submission of the agenda item related to the hearing procedures fell through for the day, it is interpreted that they plan to discuss issues such as the establishment of a quorum and put the agenda back on the table later.

"Article 13 (Meetings) of the Act on the Establishment of the Commission

① Commission meetings shall be convened by the chairperson when requested by four or more members: Provided, That the chairperson may convene a meeting alone.

② Commission meetings shall be opened with the attendance of four or more members, and resolutions shall be passed with the concurrent vote of a majority of the members present."

According to the Act on the Establishment of the Commission, since commission meetings can be opened with the attendance of four or more members, whether Chairperson Kim Jong-chul—who recused himself from the agenda and did not participate in the discussion—will be included in the "quorum of four members" is expected to become a key issue.

Chairperson Kim, who recused himself from the agenda item, entered the meeting room afterward and said, "My heart is heavy," adding, "It is desirable to have sufficient discussions and express opinions within the meeting room where diverse thoughts are derived and exchanged, even if opinions differ."

(Photo: Yonhap News)

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