fine not exceeding 10 million won. 13. A person who fails to retain related materials or retains false materials in violation of Article 83 (5). 14. A person who fails to notify details of the ledgers which include the provision of communications data, etc. to the head of a central administrative agency, in violation of Article 83 (7). Ⅲ. Arguments of Complainants A. 2016Hun-Ma388 1. Arguments on Justiciability (a) The Act of Acquiring Communications Data as an in rem investigation on Complainants’ communications data conducted by the investigative agency et al., unilaterally in a superior position, is a de facto exercise of power, and as the investigative agency et al. are State agencies, which can cause a chilling effect that the telecommunications business operators would be disadvantaged if they do not respond to their request, the Act of Acquiring Communications Data amounts to an exercise of governmental power subject to a constitutional complaint. (b) Even where the investigative agency et al. acquire communications data in accordance with the Act Provision, the users whose information has been provided will not know about the investigative agency et al.’s request for provision of communications and telecommunications business operators’ provision of such data, and there is no way to challenge the act of acquisition of communications data itself. Therefore, the Act Provision expects an act of execution, but it falls under the case where there is no remedy procedure for the act of execution or no possibility of expecting remedies of rights, and thus the directness of infringement of fundamental rights must be acknowledged. In addition, - 31 -