Court Denies Arrest Warrant for Communications Commission Chair Han Sang-hyuk. Fierce Criticism Expected for a “Targeted” Investigation

2023.03.30 16:34
Kim Se-hun

Han Sang-hyuk, chairperson of the Korea Communications Commission enters the Seoul Northern District Court for his warrant review prior to an arrest on the afternoon of March 29. Yonhap News

Han Sang-hyuk, chairperson of the Korea Communications Commission enters the Seoul Northern District Court for his warrant review prior to an arrest on the afternoon of March 29. Yonhap News

The arrest warrant for Han Sang-hyuk (62), chairperson of the Korea Communications Commission, was denied. Han was suspected of manipulating the scores of TV Chosun in the process of renewing the channel’s license. He is also the highest ranking official among those appointed by former President Moon Jae-in. The prosecutors were accused of recklessly conducting a “targeted” investigation to remove figures appointed by the previous government.

Judge Yi Chang-yeol, who oversees warrants at the Seoul Northern District Court, denied the arrest warrant at 12:05 a.m. March 30 after questioning Han prior to his arrest (warrant review) on Wednesday. Judge Yi said, “There is room for debate on the charges and it’s hard to believe that there is a risk of destroying evidence." Earlier, on March 24, Criminal Division 5 (chief prosecutor Bak Gyeong-seob) of the Seoul Northern District Prosecutors’ Office requested an arrest warrant for Han for obstruction of performance of official duties by fraudulent means and abuse of authority to obstruct the exercise of a right.

Chairman Han is suspected of appointing a close acquaintance to the review board and not notifying the other standing commissioners after he was aware that the scores for TV Chosun were manipulated during the review for the license renewal. He is also accused of renewing the TV Chosun license for only three years despite that the renewed license could be valid for up to four years and distributing a false official document denying any intervention in the review process after the allegations were raised.

On his way to court for his warrant review, Han said, “The allegation that I ordered scores be changed was not included in the warrant and I denied the accusation that I remained silent despite being aware of the changes.”

On March 24, Han Sang-hyuk denied all the allegations in a post on his social media account. He argued that he followed proper procedures when appointing members of the review board and explained that he had to appoint a member from the same organization because one of the board members did not attend the meeting. He also wrote, “I never received a report on manipulated scores and from what I knew at the time, the review was conducted fairly.” He also argued that there was no problem with the license period for TV Chosun since it was decided after a debate in the plenary session of the Korea Communications Commission. He also explained that the details in the press release explaining his position were not false. The court appears to have accepted a considerable part of Han’s explanation when dismissing the warrant request.

The prosecutors are likely to come under fire for unduly requesting an arrest warrant. Han has been under constant pressure from the ruling party and government to resign. Last June, President Yoon Suk-yeol referred to Han and Jeon Hyun-heui, chairperson of the Anti-Corruption & Civil Rights Commission as “people who didn’t necessarily have to come (to the cabinet meeting).” Both were appointed by the previous government. In a parliamentary inspection last year, People Power Party (PPP) lawmaker Park Sung-joong asked, “Shouldn’t you resign if you hold different philosophies on state administration with President Yoon Suk-yeol?” and pressed Han to voluntarily step down. In January, the Office for Government Policy Coordination directly conducted an audit of the Communications Commission, which was unprecedented. Han opposed and said, “If all audits and inspections of the Communications Commission are to pressure the chairperson to resign before the end of his term, then they are unfair actions that should be suspended immediately.” On March 22, he appeared at the Prosecutors’ Office and said, “There is no change in my position--I will serve until the end of my term.” Now that the court has denied the arrest warrant, Han is likely to serve until the end of his term, which ends this coming July.

Choi Jin-bong, a professor of media and journalism at Sungkonghoe University said, “It looks like more voices will cry that the audit by the Board of Audit and Inspection that started last year and the prosecutors’ investigation, which followed, were attempts to press the chair of the Communications Commission for not stepping down despite a new government entering office.” He also said, “They could face criticism that they tried to excessively shake the chair of the Communications Commission, whose term is guaranteed to ensure fairness and independence in broadcasting, because he did not fit the taste of the government.”

Some experts said the latest decision will pull the brakes on the government’s attempt to “tame the press.” Kim Su-jeong, a director of general affairs at the Korean Association for Communication and Information Studies said, “The government and ruling party have tried to intervene in the operation of KBS, MBC and YTN by disturbing the chair of the Communications Commission, but the dismissal of the warrant has pulled the brakes on such attempts,” and added, “I expect more attempts to appoint someone from the Prosecution Service as Han’s successor.”

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