An online post by Complainant Lee ▶▶ (of 2019Hun-Ma199 case),
published on an online community provided by web portal △△, was
put under the temporary measure by the provider of information and
communications services △△ Inc. upon the request from ▷▷ Church
to suspend the post.
As such, the Complainants filed a constitutional complaint over the
legal provisions concerning the temporary measure provided in the Act
on Promotion of Information and Communications Network Utilization
and Information Protection, Etc. by claiming that their fundamental right
is infringed upon by these provisions.
Subject Matter of Review
The subject matter of this case is whether the part of Article 44-2
Section 2 concerning “temporary measure” and Section 4 of the said
provision of Act on Promotion of Information and Communications
Network Utilization and Information Protection, Etc. (amended by Act
No. 9119 on June 13, 2008) (hereinafter collectively referred to as
“Provisions at Issue”) infringe on fundamental rights of Complainants.
The Provisions at Issue and related provisions are as follows.
Provisions at Issue
Act on Promotion of Information and Communications Network
Utilization and Information Protection, Etc. (amended by Act No. 9119
on June 13, 2008)
Article 44-2 (Request for Deletion of Information)
(2) Upon receiving a request for deletion or rebuttal of the information
under Section 1, a provider of information and communications services
shall delete the information or take temporary or any other necessary
measure and shall notify the applicant and the publisher of the
information immediately. In such cases, the provider of information and
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