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 - 41 -

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