of the whole of Article 83, Section (3) of the Telecommunications
Business Act. However, in this case, the investigative agency et al. asked
the telecommunications business operators to provide Complainants’
communications data for an investigation, and subsequently, the operators
provided the investigative agency et al. with the communications data
which contained Complainants’ personal information at their request (the
investigative agency et al.’s acquiring communications data through their
“request for provision of communications data” and telecommunications
service providers’ “provision of communications data” is hereinafter
referred to as “the act of acquisition of communications data”). Thus, the
subject matter of review is limited to the part of Article 83, Section (3)
of the Telecommunications Business Act relating to “a request for
communications data from a prosecutor, the head of an investigative
agency (including the head of a military investigative agency), or the
head of an intelligence and investigation agency.” Complainants also
argue that the legislative inaction that the Telecommunications Business
Act did not establish ex-post notification procedures violates the
Constitution, but this is a challenge to the failure of Article 83, Section
(3) of the Telecommunication Business Act to establish ex-post
notification to users––in other words, a challenge to insufficient and
incomplete legislation. As such, since Complainants ultimately dispute
the constitutionality of Article 83, Section (3) of the Telecommunications
Business Act, the legislative inaction thereof is not included in the
subject matter of review.
3. Meanwhile, Complainant K.M. argues that if Article 83, Section (3)
of the Telecommunications Business Act is unconstitutional, then the
proviso of Article 83, Section (4) of the Telecommunications Business
Act is also unconstitutional, and the above provision should be declared
unconstitutional by expanding the scope of a decision of unconstitutionality
pursuant to Article 45 of the Constitutional Court Act. Since this is not
an independent argument against the constitutionality of the proviso of
Article 83, Section (4) of the Telecommunications Business Act,
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