August 23, 2012, where in a different view, this Court held that the part of Article 54, Section (3) of the former Telecommunications Business Act (wholly revised by Act No. 9919 on January 1, 2010, and prior to amended by Act No. 10166 on March 22, 2010) relating to “when the request for provision of communications data from the head of an investigative agency is received,” which was the legal basis for the request for the provision and the provision of communications data, did not meet the requirement of directness to the fundamental rights violation, is overruled to the extent that the previous one conflicts with this decision. 2. Assessment on Time Limit for Filing Complaint (a) The adjudication on a constitutional complaint under Article 68, Section (1) of the Constitutional Court Act shall be requested within 90 days after the cause of action is known and within one year after the cause occurs (Article 69, Section (1) of the Constitutional Court Act). However, to allow the filing of a complaint despite the expiration of the filing period if there is a justifiable ground for the expiration is the interpretation consistent with the objectives of a constitutional complaint and with the proviso of Article 20, Section (2) of the Administrative Litigation Act, which is applied mutatis mutandis by Article 40 of the Constitutional Court Act. Here, a “justifiable ground” means the case where it is reasonable in terms of social norms to allow a delayed request for adjudication, considering various circumstances, including the cause of the expiration of the filing period. It includes reasons for objective causes beyond reasonable controls, such as force majeure and other unavoidable circumstances, reasons comparable to them, and reasons for the failure to satisfy the time limit requirement even if the complainant exercises ordinary care (see Constitutional Court 2001Hun-Ma39, December 20, 2001). (b) The cause of action, or the infringement upon fundamental rights by the Act Provision, arose when the investigative agency et al. acquired - 39 -

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