The court decided to accept the request for suspension of execution of the cancellation of the disposition issued by Maeil Broadcasting Corporation (MBN), which received a’six-month suspension of business’ from the Korea Communications Commission. He listened to the position of MBN, not the Korea Communications Commission.
The Seoul Administrative Court’s 2nd administrative division (presiding judge Lee Jung-min) cited the request for suspension of execution by MBN against the Korea Communications Commission on the 24th. Suspension of execution refers to suspending the execution of administrative measures issued by the administrative agency.
The ‘6 month suspension of work’ imposed by the Korea Communications Commission on MBN due to the decision of the court’s citation will cease until 30 days after the decision of the first trial. As a result, the’six-month suspension of work’ disposition became invalid until the first trial decision of the main lawsuit filed by MBN was issued.
In an interrogation held on the morning of the 23rd, MBN and the Korea Communications Commission had a fierce battle. MBN’s litigation agent said, “If the temporary disposition is not suspended, it will actually suffer damages that are difficult to recover. If the effect of the provisional injunction is not suspended, the main lawsuit will be meaningless,” he said. “If the disposition does not cease, the MBN channel will be completely shut down from May 26th.”
[관련 기사 : MBN “업무정지, 방송자유 위축” 방통위 “잘못은 MBN에”]
In addition, MBN’s agent said, “It could result in business damage equivalent to 120 billion won in sales. MBN sales include providing programs to sponsorship, IPTV, OTT, etc., but sales disappear (when business is suspended). The loss is likely to amount to 97.8 billion won.” “The temporary disposition has not yet taken effect, but in reality, advertising and other advertising are expected to decrease by 7.2 billion won. If sales decrease by KRW 120 billion, management recovery is impossible.”
On the other hand, the legal representative of the Korea Communications Commission said, “The monetary damages (120 billion won) claimed by MBN were exaggerated. Even if you suffer damage, the root cause that caused it is because of MBN’s actions,” he said. The violation of the law has existed until the present after re-approval, but it is not a fault in the past.”
The KCC’s representative pointed out that “MBN talks about responsibility and the press talk about rights,” and said, “The Korea Communications Commission gave MBN a grace period of 6 months to prepare in advance because damage could occur.” In principle, the disposition must be maintained.”
On October 30, last year, the Korea National Communications Commission decided on an administrative disposition for MBN, which had been concealed after performing accounting manipulations for several years, expediently allocating 55.6 billion won out of 395 billion won in investment capital at the time of its final launch.
However, the time of suspension was delayed for six months. MBN, which was re-approved in November of last year, will be suspended from advertising and programming for six months from May. However, on the 14th of last month, MBN filed a lawsuit for cancellation against the disposition of the Korea Communications Commission. It also filed an application for temporary injunction to suspend the effect of administrative disposition.
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