On the 24th of last month, the Korea Communications Commission announced that it would make an “immediate appeal” to the Seoul Administrative Court’s decision to suspend the validity of an administrative disposition for six months of suspension of MBN business. An immediate appeal is an appeal that must be filed within one week from the date of notification. The Seoul Administrative Court temporarily suspended the effect of the 6-month administrative disposition decided by the Korea Communications Commission last year until the first trial ruling in the’Six-Month Disposition Cancellation Lawsuit’ was issued.
Previously, MBN paid 55.6 billion won of the paid-in capital of 395 billion won when it was selected as a comprehensive programming channel operator in 2011 as company funds using the nominee shareholders of employees, and submitted false data at the time of initial approval, and reapproved in 2014 and 2017. In the examination, a false list of shareholders and false financial statements were submitted. In accordance with Article 18 of the Broadcasting Act (approved and re-approved by false or other fraudulent methods), MBN approval could be canceled.
However, on October 30 of last year, the Korea Communications Commission decided on an administrative disposition for six months of suspension of work, saying, “If we knew that we could not properly collect 395 billion won (paid-in capital promised at the time of launch), we would not have finally approved (generalized business).” . A six-month grace period was put in place for “minimizing damages to viewers and subcontractors, such as subcontractors, due to business suspension.” It means that the Korea Communications Commission considers a large part of MBN’s situation.
However, MBN filed a temporary injunction against the Korea Communications Commission on January 14, asking the Seoul Administrative Court to cancel the suspension of business and to suspend the administrative disposition until a final judgment of the lawsuit is reached. MBN argued that if an administrative disposition is taken, irreparable damage will occur. In addition, the Seoul Administrative Court accepted the application for suspension of execution because “there is a risk of damages that are difficult to recover and there is an urgent need to prevent such damages.”
In a press release on the 2nd, the Korea Communications Commission said in a press release on the 2nd, “There is a concern that public welfare may be seriously affected, such as undermining the public responsibility, fairness, and public interest of broadcasting due to the suspension of the administrative disposition for 6 months of business suspension. “There is no reasonable and obvious reason to file a lawsuit for canceling the 6-month suspension of business by MBN, so it is reasonable that the suspension of the 6-month suspension of business is not allowed.” This means that the court’s judgment can cause’moral hazard’ in the broadcasting industry.
The Korea Communications Commission said, “There is a concern that the Seoul Administrative Court may cause unrecoverable damage to MBN due to an administrative disposition for six months of business suspension, and that it is necessary to seek additional court judgment on the part that it admits that there is an urgent need to prevent the damage. I saw it.” He revealed the reason for the appeal. If the KCC’s claim is accepted after the immediate appeal, MBN may stop broadcasting on May 1 as scheduled.
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