Park Chan-wook, auditor of the Korea Broadcasting System (KBS), lost his administrative lawsuit claiming that the appointment of former KBS auditor Jung Ji-hwan—decided under the so-called "two-member system" of the Korea Communications Commission (KCC)—was invalid. The court ruled that "sitting members" under the KCC Act refers to commissioners actually in office at the time of the resolution, meaning a decision made under the two-member system is not unlawful.
The 11th Administrative Division of the Seoul Administrative Court, presided over by Chief Judge Kim Jun-young, ruled against the plaintiff on Wednesday in the lawsuit Park filed against the KCC seeking confirmation of the invalidity of the KBS auditor appointment.
The key issue was whether it was lawful for the KCC to pass a resolution when only two of its five standing commissioners had been appointed. Article 13, Paragraph 2 of the former KCC Act stipulates that commission meetings shall pass resolutions with the approval of a majority of sitting members. The KCC is composed of five standing commissioners, including one chairperson and one vice chairperson.
"Based on the wording and interpretation of the relevant provision, 'sitting members' should be understood to mean commissioners on the roster of the KCC at the time of the resolution in question," the court said. "The resolution in this case, in which both commissioners attended and voted in favor, satisfies the quorum requirement set forth in the former KCC Act."
The court further explained, "Setting the quorum at a majority of sitting members appears to be intended to enable the commission to pass resolutions and maintain its functions even when some commissioners have not been appointed." The court also determined that the submitted evidence was insufficient to conclude that the KCC had hastily tabled or deliberated the agenda item under the two-member system.
In February last year, the KCC appointed Jung, a former KBS news director, as Park's successor. Park then filed a lawsuit seeking confirmation of invalidity and applied for a suspension of execution, arguing that it was unlawful for the KCC to resolve the new auditor's appointment when the commission consisted of only two members—former Chairperson Lee Jin-sook and former Vice Chairperson Kim Tae-kyu.
The suspension of execution case proceeded to the Supreme Court, which ultimately granted Park's application. As a result, the effect of the resolution appointing Jung was suspended pending the main ruling. The KCC subsequently dismissed Jung from the KBS auditor position upon his resignation in September last year.
