Subject Matter of Review The subject matter of review in this case is whether the part concerning Section (2) (such part hereinafter referred to as the “Provision at Issue”) in Article 70, Section (3) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 9119 on June 13, 2008) (hereinafter referred to as the “Network Act”) violates the Constitution. The Provision at Issue reads as follows: Provision at Issue Network Act (amended by Act No. 9119 on June 13, 2008) Article 70 (Penalty Provisions) (3) The crimes in Sections (1) and (2) may not be prosecuted if the victims explicitly object to the prosecutions (emphasis added). Summary of the Decision Article 312, Section (1) of the Criminal Act1) provides that the “crime of defamation of a dead person (Article 308 of the Criminal Act)”2) and the “crime of insult (Article 311 of the Criminal Act)”3) are both chingojoe4). Conversely, the Provision at Issue stipulates that the “crime 1) Article 312 (Criminal Complaint and Will of Victim) of the Criminal Act (1) The crimes in Articles 308 and 311 shall be prosecuted only upon criminal complaint. 2) Article 308 (Defamation of a Dead Person) of the Criminal Act A person who defames a dead person by publicly alleging false facts shall be punished by imprisonment with or without prison labor for not more than two years or by a fine not exceeding five million won. 3) Article 311 (Insult) of the Criminal Act A person who publicly insults another shall be punished by imprisonment with or without prison labor for not more than one year or by a fine not exceeding two million won. 4) Chingojoe is a type of offense that requires a criminal complaint by the victim or other person in order for a prosecutor to institute the prosecution. - 42 -