3. Sub-conclusion
Accordingly, Complainants’ claim against the acts of acquisition of
communications data described in Appendix 3 and Appendix 4 is
non-justiciable. Complainants Y.B., P.H., S.S., K.J., and J.M.’s claim is
also non-justiciable, and complaints of the other Complainants against
the Act Provision are justiciable.
Ⅴ. Assessment of the Merits
A. System for Investigative Agency et al. to Request Provision of
Communications Data under Telecommunications Business Act
1. The provision allowing a demand for submission of relevant data to
be made to a person providing telecommunications service for investigation
needs was first introduced in Article 82, Section (2) of the Public
Telecommunications Business Act that was enacted by Act No. 3686 on
December 30, 1983. When the Public Telecommunications Business Act
was wholly revised by Act No. 4394 on August 10, 1991, whose name
was changed to the Telecommunications Business Act, Article 54,
Section (3) of the same act stipulated “when related authorities ask for
perusal or submission of documents regarding telecommunication service
for investigation needs in writing, then telecommunication business
operator or the one entrusted with partial treatment of telecommunication
service under Article 12 of the same act may accede to the demand.”
However, at that time, the act did not distinguish communications data
and communications confirmation data.
It was Article 54, Section (3) of the Telecommunications Business Act
amended by Act No. 6230 on January 28, 2000 that allowed the
investigative agency et al. to ask telecommunications business operators
to provide communications data distinct from communications confirmation
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