19. Case on Identity Verification of Potential Subscribers to Mobile Communications Services (4) Notwithstanding Sections 2 and 3, where the counterparty to a contract is unable to submit any certificate or document prescribed in Items of Section 2 or it is impracticable to verify the authenticity of a certificate or document prescribed in Items of Section 2 through an illegal subscription prevention system, a telecommunications business operator under Section 1 shall verify that the counterparty to the contract is the principal by means of a certificate, etc. prescribed by the relevant telecommunications business operator in the terms and conditions of the use as a certificate or document corresponding to that prescribed in Items of Section 2. Summary of the Decision 1. Issues in this case The Provisions at Issue impose a “principal identity verification obligation” on a telecommunications business operator, namely an obligation to verify a subscriber’s real name and other personal information when entering into a contract for mobile communications services with the subscriber (the “Potential Subscriber”). As a result, the Provisions at Issue restrict the freedom of communications of those persons who desire to subscribe to mobile communications services anonymously to accomplish mobile communications while not disclosing his or her identity. In principle, the Provisions at Issue stipulate that a telecommunications business operator shall identify the Potential Subscriber by requesting him or her to present a personal identification certificate on which his or her resident registration number is indicated. Further, under the Provisions at Issue, a mobile carrier may reject to enter into the contract for telecommunications services if the Potential Subscriber does not agree to provide such personal information. The Court notes that, in this regard, the Provisions at Issue abridge the right to decide, on one’s own, whether to provide one’s personal information to another person or entity and whether to allow another person or entity to use such personal - 214 -