Reasoning
Ⅰ. Overview of the Case
A. 2016Hun-Ma388
1. Complainants are users of the telecommunications service provided
by telecommunications business operators, Companies A, B, and C.
2. In accordance with Article 83, Section (3) of the Telecommunications
Business Act, Respondents asked Companies A and B to provide for
investigation the “name, resident registration number, address, phone
number, date of subscription” of Complainants J.S., K.J., C.Y., K.M.,
H.J., A.H., P.C., Y.S., and L.G. described in Appendix 3, and the above
telecommunications business operators provided Complainants’ communications
data as described in Appendix 3 to Respondents. Through this,
Respondents obtained the communications data of Complainants listed in
Appendix 3 from May 21, 2015, to March 4, 2016.
In addition, Respondents, prosecutors belonging to prosecutors’ offices
at each level, and the heads of investigative agencies requested
Companies A, B, and C to provide communications data of
Complainants other than those listed in Appendix 3 and obtained their
communications data.
3. In response, on May 18, 2016, Complainants filed the constitutional
complaint in this case against Article 83, Section (3) of the
Telecommunications Business Act which stipulates when a prosecutor,
the head of an investigative agency including the head of a prosecutor or
military investigative agency, or the head of an intelligence investigation
agency (hereinafter referred to as “the investigative agency et al.”)
requests the telecommunications business operator to provide
communications data, the telecommunications business operator may
comply with the request, while Complainants listed in Appendix 3 filed
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