EBS is experiencing turmoil over the appointment of a new president. Former EBS president Kim Yoo-yeol and current officials are trying to block the appointment of Shin Dong-ho, a former MBC announcer, and a hearing for the injunction against the appointment is set to take place soon.
On the 26th of last month, the Korea Communications Commission (KCC) held a full meeting and voted to approve the appointment of Shin Dong-ho as EBS president. In response, former president Kim filed for an injunction against the appointment and a lawsuit to nullify the appointment at the Seoul Administrative Court the following day, the 27th.
Along with this, he issued a statement saying, "The so-called 'two-person system' of the KCC has proceeded with the appointment of the new EBS president, and I believe there is a serious illegality in the decision made by the KCC chairman to appoint the new president."
He added, "To minimize the confusion and damage caused by this, I have filed for an injunction against the appointment of the new president and a lawsuit to confirm its invalidity."
Former president Kim expressed that he personally wanted to avoid litigation but stated, "As someone who has been with EBS for 33 years, I could not just stand by and watch the precarious future of EBS."
He continued, "The president represents not only the corporation EBS but also the public nature, public interest, and educational value that are naturally expected of EBS. All of us at EBS have been striving to ensure that EBS remains an impartial, trustworthy, and moral public broadcaster, free from partisan interests, even amidst the deepening social confusion and division," and emphasized, "As an educational broadcaster for children and students, EBS must be even more moral. No matter how much we compromise, it must at least be legal."
Former president Kim pointed out that EBS has a distorted financial structure, with 5.8% from TV license fees, 31% from government support influenced by government will, and 63% from self-generated business revenue, stating, "It is a broadcasting company with a vulnerable financial structure that can face serious management crises due to even minor external shocks."
The main points of Kim's statement are threefold: ▲ Loss of legal basis and procedural legitimacy of the administrative decision regarding the appointment of the new president, ▲ Potential damage to the independence, public nature, public interest, and fairness of public broadcasting, including EBS, due to the administrative decision, ▲ Possibility of immediate and irreversible damage resulting from the administrative decision.
Kim mentioned that the KCC operates as a five-member consensus body with strict operational regulations, arguing, "The decision made under the current two-person system for the appointment of the new president violates the normal operational principles of the committee and carries significant procedural defects." He cited a recent Supreme Court decision that deemed the KCC's two-person decision-making illegal.
He added, "The damage caused by administrative decisions made by the head of the executive body, the president, occurs immediately, comprehensively, and irreversibly. Therefore, I want to prevent further damage through swift legal action," and urged, "To minimize the immediate damage and adverse effects on EBS, it is necessary for the court to issue a provisional decision to suspend the effectiveness of the appointment decision, just as it quickly suspended the appointment decision within three days after the injunction filed by the MBC board members."
EBS internal staff also opposed the KCC's appointment of the new president. On the 26th of last month, EBS executives issued a resolution stating, "The Korea Communications Commission (KCC) is forcibly proceeding with the appointment of the new EBS president under a two-person system that has been pointed out for its illegality, which is a serious matter that severely undermines the independence and procedural legitimacy of public broadcasting."
The executives argued that ▲ Decisions made under the KCC's two-person system cannot have legal effect, and their results cannot be recognized as legitimate, ▲ One cannot lead EBS without understanding its essence, ▲ There must be improvements in transparent and democratic governance.
Not only the executives but also the general atmosphere among the staff seems to be in opposition to the appointment of Shin Dong-ho. In this regard, an EBS employee told Maeil Business Star Today, "EBS and its members have been striving to convey public value to viewers as an educational public broadcaster," and added, "The appointment of the president amid the KCC's legal controversies has seriously undermined the essence and legitimacy of EBS, and the members are enraged and actively participating in preventing attendance."
Meanwhile, on the 3rd, the first hearing for the injunction against the appointment of Shin Dong-ho as EBS president, filed by former president Kim Yoo-yeol, will be held at the Seoul Administrative Court.
The Constitutional Court dismissed the impeachment case against KCC Chairman Lee Jin-sook on January 23, with four judges voting for dismissal and four for acceptance. As a result, Chairman Lee returned to work, but the Constitutional Court has pointed out the illegality of the KCC's two-person decision-making, with opinions divided 4 to 4 on its constitutionality and legality.
As the legality of the appointment process is being contested for the first time during the EBS president selection process, attention is focused on what decision the court will make.
