Government legislation ministry rules recused members count toward quorum for Broadcasting Commission

The government legislation ministry said Tuesday that commissioners recused from specific agendas due to conflicts of interest may still be counted toward the quorum required to convene meetings of the Broadcasting Media and Communications Commission.

While recused members help establish the minimum presence needed to start a session, the ministry ruled they cannot be included in the headcount required to pass resolutions.

The ministry further determined that any commissioner who leaves a meeting before its conclusion cannot be counted toward either the convening quorum or the voting quorum.

These conclusions address four specific inquiries regarding the application of the Act on the Establishment and Operation of the Broadcasting Media and Communications Commission. The law mandates that the seven-member committee requires at least four attendees to begin proceedings and a majority of those present to approve measures.

The ministry noted that the statute does not explicitly exclude recused members from the initial attendance count, contrasting it with the Anti-Corruption and Civil Rights Commission Act and the Seoul National University Act which contain such exclusions.

"Recused members have not lost their status as committee members nor are they barred from attending the meeting itself," the ministry said, explaining that disqualification applies only to participation in the specific agenda item.

Regarding members who walk out, the ministry emphasized that physical presence is a prerequisite for both deliberation and voting. A commissioner who exits the chamber forfeits their status as an attendee for the remainder of the session, citing Supreme Court precedents that define "attendance" as being present at the seat.