Case on Request for Communications Data by Investigative Agencies [2016Hun-Ma388, 2022Hun-Ma105, 2022Hun-Ma110, 2022Hun-Ma126 (consolidated), July 21, 2022] Complainants The same as listed in Appendix 1 Respondents The same as listed in Appendix 2 Decided July 21, 2022 Holding 1. The part of Article 83, Section (3) of the Telecommunications Business Act (wholly revised by Act No. 10166 on March 22, 2010) 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 investigative agency to collect information for investigation, execution of a sentence, or prevention of harm to the guarantee of national security” does not conform to the Constitution. The above statutory provision continues to apply until the legislature amends it by December 31, 2023. 2. The claim of Complainants listed in Appendix 3 and Appendix 4 against acts of acquiring communications data and that of Complainants Y.B., P.H., S.S., K.J., and J.M. are dismissed. - 21 -