「ENFORCEMENT DECREE OF THE PROTECTION OF COMMUNICATIONS SECRETS ACT」
ENFORCEMENT DECREE OF THE PROTECTION OF COMMUNICATIONS SECRETS
ACT
[Enforcement Date 26. Jul, 2017.] [Presidential Decree No.28211, 26. Jul, 2017., Amendment by Other Act]
법무부 (공공형사과) 02-2110-3280
과학기술정보통신부 (통신자원정책과) 044-202-6663, 6664
Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Protection of
Communications Secrets Act and matters necessary for the enforcement thereof.
Article 2 (Basic Principles in Application of the Act)
Where a prosecutor (including a military prosecutor; hereinafter the same shall apply),
judicial police officer (including a military judicial police officer; hereinafter the same shall
apply) or the head of an intelligence and investigative agency censors mail or wiretaps
telecommunications (hereinafter referred to as "measures restricting communications") for
criminal investigation or national security or where he/she records or monitors undisclosed
conversations between third parties, he/she shall do so only where measures restricting
communications or the recording or monitoring of conversations are especially required
and where all requirements prescribed by the Protection of Communications Secrets Act
(hereinafter referred to as the "Act") are met; and even if he/she takes measures restricting
communications or records or monitors conversations upon obtaining a permit or approval
in accordance with the Act, he/she shall immediately cease such activities where deemed
unnecessary to continue such activities, thereby ensuring infringement on communications
secrets of the people is limited to the minimum.
Article 3 (Equipment and Facilities Excluded from Wiretapping Equipment)
Equipment and facilities excluded from wiretapping equipment pursuant to the proviso to
subparagraph 8 of Article 2 of the Act are any of the following, which are not appliances
or apparatus manufactured for the purpose of wiretapping:<Amended by Presidential Decree No.
22605, Dec. 31, 2010; Presidential Decree No. 27806, Jan. 26, 2017>
1. Telecommunications equipment and facilities for business under subparagraph 4 of
Article 2 of the Telecommunications Business Act;
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