KMCC Approves Hearing for Eugene ENT, YTN's Largest Shareholder..."To Be Held in October"

▲ The 38th Meeting of the Korea Media and Communications Commission

The Korea Media and Communications Commission (KMCC) has resolved to conduct a hearing procedure regarding Eugene ENT, the largest shareholder of YTN.

The KMCC held its 38th meeting at the Government Complex Gwacheon on the morning of September 28 and passed the resolution with the approval of a majority of the attending commissioners.

Commissioner Yoon Sung-ok, who was the first to state an opinion on the agenda item regarding whether to hold the hearing, said, "Beyond the procedural illegality of the decision made under the two-member system during the former Korea Communications Commission (KCC) era, the approval of the change was pushed through despite opposition or concerns from the majority during the review process." Yoon added, "A hearing is necessary for members of Eugene and YTN, and further, for everyone who hopes for the normalization of YTN."

Commissioner Ryu Shin-hwan also stated, "There are points that need to be judged, including procedural flaws, findings from the Board of Audit and Inspection's audit, and whether substantive defects constituted illegality." Ryu said, "I hope the hearing process proceeds properly so that a thorough examination can take place and a careful judgment can be made."

On the other hand, Commissioner Lee Sang-geun expressed opposition to the hearing, saying, "At a stage where a first-instance court ruling has been issued regarding the revocation of the approval for the change of YTN's largest shareholder, conducting an investigation (by the KMCC) with a view toward ex officio cancellation leaves room for abuse of discretion." Lee added, "I am concerned about the impact it will have on each commissioner once all procedures are completed. An organization does not protect the individual."

Commissioner SOOYOUNG stated, "I conditionally agree to the agenda for resolving the hearing procedure, on the premise of two requests."

Commissioner SOOYOUNG said, "First, it must be made clear that the hearing must not be conducted on the premise of ex officio cancellation." SOOYOUNG continued, "In particular, the secretariat's report seems to mix up whether responsibility lies with the administrative agency (the former KCC) or the business operator, and this needs to be clarified."

Under the Administrative Procedures Act, a 'hearing procedure' refers to a process in which an administrative agency directly hears opinions and examines evidence from parties before imposing an adverse disposition against them; therefore, in Commissioner SOOYOUNG's view, the hearing should not be conducted on the premise of revoking the approval.

Commissioner SOOYOUNG added, "I ask the secretariat to cooperate so that the hearing procedure can proceed fairly and objectively," and, "The hearing must not be conducted in a way that leads to a specific conclusion. On the premise that these two requests are accepted, I will agree to the hearing agenda."

Vice Chairperson Ko Min-soo said, "Commissioner SOOYOUNG's point is accurate," adding, "A hearing must not proceed with a predetermined conclusion."

Vice Chairperson Ko continued and emphasized, "The hearing officer must independently and objectively conduct a thorough investigation of facts and evidence regarding the issues at hand." Ko added, "As I reiterate, a hearing is an investigation prior to a disposition under the Administrative Procedures Act, so we must ensure that this mechanism functions properly."

Commissioner Yoon also added, "I fully agree with Commissioner SOOYOUNG's opinion. We must distinguish between the administrative agency's illegality and the business operator's illegality, and please understand that the hearing is being held to determine whether there was illegality on the part of the business operator."

Afterwards, when Commissioner Lee expressed concern asking to "maintain neutrality in the conduct of the hearing," Commissioner Yoon responded, "Once the hearing officer is selected, it will proceed fairly under that officer." Commissioner Ryu also said, "If the administrative agency made an error, the KMCC has an obligation to correct it, and I believe hearing the other party's opinions is a meaningful process."

Accordingly, three commissioners—Vice Chairperson Ko Min-soo, Commissioner Ryu Shin-hwan, and Commissioner Yoon Sung-ok (in Korean alphabetical order)—voted in favor of the hearing on Eugene ENT, while Commissioner SOOYOUNG expressed conditional approval and Commissioner Lee Sang-geun expressed opposition, passing the hearing procedure with a majority vote of the attending commissioners.

Reporting on the agenda item, the KMCC secretariat stated, "We plan to notify (Eugene ENT) in late September and conduct the hearing in October."

With the hearing procedure now approved, the KMCC plans to select two hearing officers through discussions among the commissioners.

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