33. Limitation of Extending the Period of the Communication-Restricting Measures its unconstitutionality for the invasion of privacy and communication. The subject matter of this case is as followed. secret Provisions at Issue The Protection of Communication Secrets Act (revised by Act No. 6546 on December 29, 2001) Article 6 (Procedures for Authorization of Communication-Restricting Measures for Criminal Investigation) (7) The period of communication-restricting measures shall not exceed 2 months and in the event that the objective of the communication-restricting measures is attained during the period, such communication-restricting measures shall be immediately discontinued: Provided, That if the requirement for permission under Article 5 (1) are still valid, a request for extending the period of communicationrestricting measures pursuant to paragraph (1) and (2) may be filed, within the limit of 2 months and such request shall be appended by material establishing a prima facie case. Summary of the Decision 1. Court Opinion of 6 Justices In permitting the extension of the period of communicationrestricting measures, the investigation purpose would be sufficiently achieved even if the entire period of extension or numbers of times of such measures are limited or such measures are suspended when suspicion is not proved during the extended period because it is possible to apply for the additional communication-restricting measures. Because the court's control over the abuse of extension on the duration of communication-restricting measures is limited, the judicial control on the permission for extending the period of communicationrestricting measures cannot prevent the excessive invasion on privacy to communication. Therefore, the instant provision violates the principle of the least restriction because the instant provision did not establish the least standard to prevent the abuse of the permission of - 434 -