19. Case on Identity Verification of Potential Subscribers to Mobile Communications Services Subject Matter of Review The subject matter of review in this case is whether Article 32-4 Sections 2 and 3 of the Telecommunications Business Act (amended by Act No. 12761 on October 15, 2014) and Article 37-6 Section 1, Section 2 Item 1, and Sections 3 and 4 of the Enforcement Decree of the Telecommunications Business Act (amended by Presidential Decree No. 26191 on April 14, 2015) (collectively referred to as the “Provisions at Issue”) infringe upon the fundamental rights of Complainants. Provisions at Issue Telecommunications Business Act (amended by Act No. 12761 on October 15, 2014) Article 32-4 (Prohibition against Unjust Use of Mobile Communications Terminals) (2) In entering into a contract for the provision of telecommunications services (including contracts concluded through agents and consignees that enter into contracts for the provision of telecommunications services on behalf of, or outsourced by, telecommunications business operators), a telecommunications business operator prescribed by Presidential Decree, taking into account the type of telecommunications services, scale of business, protection of users, etc. shall, with the consent of the counterparty to the contract, verify whether the counterparty is the principal by utilizing illegal subscription prevention system, etc. referred to in Article 32-5 Section 1, and may reject a contract if the relevant person is not the principal or refuses to verify whether he or she is the principal. Where the user who is the principal is changed due to the transfer of telecommunications services provided, the succession to the user's position, or other reasons, the same shall also apply to a person who intends to receive telecommunications services following such change. (3) In verifying the principal prescribed in paragraph (2), a - 212 -