[비즈한국] Broadcasting companies produce and distribute broadcast content, unlike typical businesses. Consequently, they require procedures and measures distinct from the corporate rehabilitation processes of ordinary companies, and this need has been highlighted by the JTBC situation. This is precisely why the Korea Broadcasting Actors Union (KBAU) has finally stepped in.
As JTBC, along with affiliates of the JoongAng Group, filed for corporate rehabilitation with the court, the execution and payment of funds have been frozen and delayed. Damages amounting to billions of won, including unpaid appearance fees and re-run fees, are being reported. As payments for major hit programs on JTBC, such as "Please Take Care of My Refrigerator" and "Knowing Bros," have been delayed, the KBAU has demanded that countermeasures be established.
JTBC previously stated that it explained the situation to talent agencies, asked for their understanding, and promised to pay the fees in accordance with court procedures and schedules. However, the KBAU is demanding measures for potential extreme scenarios that may unfold. They emphasize that because appearance fees are debts equivalent to wages rather than general claims, they should be prioritized for payment. This is to prevent situations where, should JTBC enter court receivership, there is a high possibility that most general claims will not be recovered.
JTBC is currently in a state of autonomous restructuring support, known as the Autonomous Restructuring Support (ARS) process. Before the court forcibly commences rehabilitation, the company and its creditors are negotiating autonomously. The commencement of corporate rehabilitation can be postponed for a minimum of one month and a maximum of three months. In other words, during these three months, the court issues preservation orders and comprehensive injunctions, allowing the debtor to negotiate with creditors without the risk of forced execution.
If an agreement is reached during this period, the rehabilitation application is withdrawn, and management or operations can return to normal. If negotiations fall through, the formal rehabilitation process begins. Once a decision is made to commence the formal rehabilitation process, a court-appointed third party takes control of the company and proceeds with restructuring. The core of such restructuring is personnel adjustment. Furthermore, legal actions by creditors, such as provisional seizures, seizures, and auctions, resume. The company must submit a rehabilitation plan under the court’s supervision, which requires the consent of the creditors.
When the corporate rehabilitation process begins, unpaid wages and severance pay for workers are classified as top-priority public interest claims, ensuring they are paid eventually, even if it takes time. However, broadcast appearance fees differ in nature. Generally, cast members are classified as individual business owners, and appearance fees are often significant in amount. Moreover, not only the primary appearance fees but also re-run fees remain unpaid. Therefore, if the formal corporate rehabilitation process begins, there is a high possibility that a significant portion of the money will not be received. The KBAU is concerned about this very point.
Concerned by this, the KBAU is demanding a transparent disclosure of the exact status of unpaid fees and a concrete payment schedule, while calling for an official channel for negotiations. Furthermore, with many broadcast contents being suspended or delayed, individual employment security is not guaranteed, and future employment conditions are becoming unstable, necessitating separate relief measures.
I propose a solution to resolve this situation. To stabilize the planning, directing, and production environment, an "appearance fee trust system" is needed. This involves entrusting the management or receipt of broadcast appearance fees to a trust company or an administrative organization. It is an asset management and rights protection system that allows a fiduciary institution to safely store and manage appearance fees before distributing them to actors, singers, and entertainers.
The rights of small-scale creditors, such as freelancers, must also be prevented from falling to the bottom of the priority list. When broadcasters pay production costs to outsourced production companies, there is a need for so-called "third-party payment" and "segregated management," where funds are deposited directly into the cast members' accounts. Looking ahead, it is also worth considering mandatory enrollment in insurance products that guarantee the payment of production costs and appearance fees.
Non-payment or default on appearance fees should be reflected in broadcasting company evaluations and license renewals. Establishing such comprehensive and overall institutional devices and measures is the only way to prevent further problems from arising.