「ENFORCEMENT DECREE OF THE PROTECTION OF COMMUNICATIONS SECRETS ACT」
(2) A prosecutor, judicial police officer or the head of an intelligence and investigative
agency shall state a reason why an extension of the period is required and the period to
be extended in a document referred to in paragraph (1) and attach explanatory materials
thereto.
Article 6 (Scope, etc. of Intelligence and Investigative Agencies) (1) "Intelligence and
investigative agencies prescribed by Presidential Decree" in Article 7 (1) of the Act means
agencies under subparagraph 6 of Article 2 of the Regulations on Planning and Adjustment
of Intelligence and Security Affairs.
(2) Where the head of an intelligence and investigative agency takes measures restricting
communications under Article 7 of the Act and a judicial police officer takes measures
restricting communications for investigation of an intelligence crime, etc. referred to in
subparagraph 5 of Article 2 of the Regulations on Planning and Adjustment of Intelligence
and Security Affairs among crimes referred to in the subparagraphs of Article 5 (1) of the
Act, the Director of the National Intelligence Service (hereinafter referred to as the
"Director of the NIS") may consult the head of the relevant intelligence and investigative
agency on the selection of crimes subject to measures restricting communications and
adjust the selection only where consultations and adjustment are required to prevent the
abuse of measures restricting communications, such as overlapping of crimes subject to
measures restricting communications between intelligence and instigative agencies.
Article 7 (Permission from Court concerning Measures Restricting Communications for
National Security) (1) A high court under Article 7 (1) 1 of the Act refers to the high court
having jurisdiction over the place of domicile or the seat of both parties or one party of
Koreans to be subjected to measures restricting communications.
(2) Where it is impracticable for the chief judge of a high court under paragraph (1) to
perform his/her duties due to illness, overseas trip, long-term business trip, etc., the
president of the relevant high court may appoint an associate judge to conduct affairs
related to permission on behalf of the chief judge.
(3) Where the head of an intelligence and investigative agency intends to take measures
restricting communications pursuant to Article 7 (1) 1, he/she shall file an application for a
request for permission with a prosecutor of a high prosecutors' office equivalent to a high
court under paragraph (1).
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