although it is true that some Complainants’ complaints were filed one
year after the date of the act of acquisition of communications data,
where they were unaware of the fact that their communications data
were submitted to the investigative agency et al. due to a lack of ex-post
notification procedures, etc., the limitation period for filing should be
judged based on whether 90 days have expired from the date of actual
knowledge.
2. Arguments on Merits
(a) Although the act of acquisition of communications data by the
investigative agency et al. under the Act Provision constitutes a
compulsory measure subject to the principle of warrant, the Act of
Acquiring Communications Data by Respondents was carried out without
a warrant. In addition, in the case of Complainants J.S. et al. listed in
Appendix 3, the acts of acquisition of their communications data were
performed without a reason specified by the Act Provision, and in
particular, the investigative agency obtained the communications data of
Complainant L.G. seven times. Respondents argue that they obtained the
communications data to achieve the purpose of the investigation because
there were records of phone conversations between Complainants and the
suspect or person of interest, but they did not prove anything about
whether the act of acquisition of communications data of Complainants
was indispensable.
Therefore, the Act of Acquiring Communications Data is in violation
of the principle of warrant and the rule against excessive restriction and
infringes on the right to informational self-determination of Complainants
J.S. et al. listed in Appendix 3.
(b) The act of acquisition of communications data pursuant to the Act
Provision amounts to a compulsory measure as the investigative agency
et al. conducted it in a superior position, and thus the Act Provision in
effect permits search and seizure without a warrant. What’s more, the
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