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
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