Subject Matters of Review
The subject matters of review in this case are whether: 1) the
permission granted by the court six times for the interception of
telecommunications transmitted and received through the Internet line
purchased in the name of the Complainant (the “Permission at Issue”);
2) the interception conducted six times by the director of NIS from
October 9, 2013, to April 28, 2015, under the Permission at Issue (the
“Interception at Issue”); and 3) the part concerning “telecommunications
transmitted and received through Internet lines” of Article 5 Section 2 of
the Protection of Communication Secrets Act (the “Provision at Issue”)
which provides a legal basis for the Permission at Issue and Interception
at Issue, infringe on the fundamental rights.
Summary of the Decision
1. Regarding the Permission at Issue
The Permission at Issue amounts to the exercise of authoritative legal
judgment by the court on a matter that is collateral to, but distinct from,
the procedure of trials governed by the Protection of Communications
Secrets Act (the “Act at Issue”). Such legal judgment falls under the
scope of “judgment of the court” not subject to a constitutional
complaint, as prescribed in Article 68 Section 1 of the Constitutional
Court Act. Therefore, the Complainant’s claim challenging the
constitutionality of the Permission at Issue is non-justiciable.
2. Regarding the Interception at Issue
Since the Interception at Issue has already terminated, the protectable
interest derived from subjective rights is extinguished. And since the
Court will review the Provision at Issue in its judgment on the merits,
the examination of the Interception at Issue is deemed to have no
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