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KBS President Park Jang-beom Files Constitutional Complaint Against Amended Broadcasting Act, Citing "Infringement on Freedom of Occupation"
Petition Filed Alongside Vice President Kim Woo-sung; Injunction to Suspend Effect to be Sought Upon Receipt of Case Number
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KBS President Park Jang-beom and Vice President Kim Woo-sung have sought a ruling from the Constitutional Court, arguing that the addendum to the recently amended Korea Broadcasting System Act (Broadcasting Act) effectively shortens their terms of office.
According to KBS and other sources on the 26th, President Park and Vice President Kim filed a constitutional complaint with the Constitutional Court the previous day, claiming that Article 2, Paragraph 3 of the Broadcasting Act's addendum violates the Constitution.
A constitutional complaint is a legal mechanism that allows individuals whose fundamental constitutional rights have been infringed upon to request that the Constitutional Court review the constitutionality of a specific law or regulation.
According to the petition, while the original terms of President Park and Vice President Kim were scheduled to end in December 2027, the amendment of the Broadcasting Act last month has increased the likelihood that they will lose their positions before their terms expire.
Article 2, Paragraph 3 of the addendum states that "at the time of the enforcement of this Act, the President, Vice President, and Auditor of the Korea Broadcasting System shall continue to perform their duties until their successors are selected or appointed in accordance with the revised provisions of this Act." This is interpreted to mean that if a new board of directors, which is set to be formed by this November, appoints a new president immediately, the incumbents must step down.
In response, the two petitioners argued that the addendum infringes upon the "freedom of choice of occupation" guaranteed by Article 15 of the Constitution.
In their petition, they stated, "We were lawfully appointed under the former Broadcasting Act and were guaranteed a three-year term, but due to the provision under review (Article 2, Paragraph 3 of the addendum), we now face a situation where we will lose our positions before our terms are complete."
They added, "This provision violates the principle of prohibition against excessive restriction, infringing upon the petitioners' freedom of occupation, violates the principle of equality by treating them differently without a rational basis, and severely undermines the petitioners' trust interests."
Along with the main constitutional complaint, President Park and Vice President Kim plan to file for an injunction to suspend the effect of the law as soon as they are assigned a case number.
Prior to this, on the 12th, six KBS board members also filed a constitutional complaint and requested an injunction, asserting that Article 2, Paragraphs 1 and 2 of the amended Broadcasting Act—which mandate the formation of a new board within three months—are unconstitutional. Yonhap News
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