The Korea Communications Commission has been reduced to a 'zombie commission' that cannot even hold a full meeting due to its operation under a one-person system. Starting from the 22nd, the Telecommunications Device Distribution Improvement Act will be abolished, but it is impossible to vote on the related enforcement decree amendment. If this situation continues, there are concerns that confusion may increase in the telecommunications market and among the public.
On the 1st, President Lee Jae-myung approved the dismissal of Kim Tae-gyu, the Vice Chairperson of the Commission, making the Commission operate solely under Chairperson Lee Jin-sook. Under a one-person system, it is impossible to convene meetings, and no decisions can be made.
With the abolition of the Telecommunications Device Distribution Improvement Act scheduled for the 22nd, the prohibitions against discrimination based on subscription type and pricing plans are set to be deleted; however, the prohibitions against discrimination based on residence, age, and physical condition will remain. The problem is that as the act that serves as the legal basis for the enforcement decree is abolished, the existing enforcement decree will also be automatically discarded. Therefore, while amendments to the enforcement decree regarding the prohibitions against discrimination transferred and maintained under the Electric Utility Business Act are inevitable, such amendments must pass a vote in the Commission, as stipulated in the Law on the Commission (Article 12). An industry insider noted, 'If there is a vacuum in the enforcement decree containing guidelines for detailed conditions such as subsidy payment that should be included in contracts after the abolition of the act, confusion in the telecommunications market and among consumers is unavoidable.'
Even in anticipation of this enforcement decree vacuum, why are the National Assembly and the government not immediately proceeding with the appointment of their share of the Commission's standing members? Some in the industry suggest that it is due to a power struggle between the government seeking to appoint a new Chairperson of the Commission after the change of administration and the current Chairperson, who was appointed by the previous administration, fighting to retain her position. If this Chairperson does not voluntarily resign, appointing a new Chairperson will be impossible. This is because the three-year term of the Chairperson is guaranteed under the Law on the Commission (Article 7). Since the Chairperson took office in July of last year, her term extends until July 2027.
An insider in the broadcasting industry said, 'If it is impossible to replace the Chairperson of the Commission, one way is to abolish the Commission through legal amendments and create a new organization that performs the related functions under the Government Organization Act.' They added, 'Failing to rush the appointment of standing members for a Commission that has become unable to perform its normal duties seems to be an unspoken message to encourage a voluntary resignation.' On the 1st, this Chairperson reportedly requested President Lee during a Cabinet meeting to appoint at least one member from the Presidential share as the appointments from the National Assembly (three persons) are delayed, but was refused.
In the United States, it is customary for the Chairperson of the Federal Communications Commission (FCC) to resign voluntarily when there is a change in administration. The FCC is a government organization that performs similar functions to Korea's Commission. Jessica Rosenworcel, the former Chairperson of the FCC, also voluntarily resigned in January when the administration changed from Democratic to Republican. An insider in the telecommunications industry stated, 'In the U.S., it has become common practice for a Commissioner appointed by the opposition to resign voluntarily to avoid unnecessary conflicts due to a deadlock between the ruling and opposition parties when there is a change in administration.' They emphasized, 'Korea also needs to develop such a practice like the U.S.'
According to the industry, the amendment to the enforcement decree of the Electric Communications Business Act was prepared last April. It is also reported that preparations for subsequent actions such as the abolition of existing notices and the establishment of new ones are complete. Jeong Sang-hwan, a concurrent professor at the Graduate School of Communications at Chung-Ang University, stated, 'To prevent confusion in the market and among the public, prompt handling is necessary,' adding that 'if the Commission's resolution is made now, even before the abolition of the act, it can be processed quickly.'