extending communication-restricting measures. Suspects who had been intercepted by communication-restricting measures could not defend their right to privacy because they did not know whether they were intercepted or not. If there is no limitation on the entire period or number of times of communication-restricting measures, the Secrecy of private communication of the suspect, which is not related to the criminal investigation, would be significantly invaded, violating the principle of balance of interests. Therefore, the instant provision violates the Constitution. Nevertheless, in this case, if the Constitutional Court delivers the decision of unconstitutional that nullifies the effects of the instant provision, the legal vacuum may occur by nullifying the legal ground to permit the extending of communication-restricting measures, implying the reasonable communicant-restricting measures required for investigation would not be permitted. Therefore, it would be desirable to decide this instant provision shall be temporarily applicable despite it is incompatible with the Constitution; and the Legislature shall revise the instant provision until December 31, 2011. 2. Dissenting Opinion with regard to the Holding Statement of 2 Justices The legal vacuum would not occur because additional communication-restricting measures for the identical criminal offense would be permitted when they are required for investigating even if the legal ground of permission of extending such measures is decided unconstitutional, losing its effects. Therefore the Constitutional Court should deliver the decision of unconstitutional. 3. Concurring Opinion of 1 Justice The interception of communication should accord with the warrant issued by judges under due process because it invades the fundamentals of right of privacy and privacy to communication (Article 12 Section 3 of the Constitution). However, the Protection of Communication Secrets Act broadly stipulated the scope of the crime which may be subject to the interception of communication, allowing - 435 -