Act No. 10166 on March 22, 2010) concerning “a request for provision
of communications data from a prosecutor or the head of an investigative
agency to collect information for investigation” infringes on the
fundamental rights of Complainant.
D. 2022Hun-Ma126
Complainants are challenging the constitutionality of each act of
acquisition of communications data described in Appendix 4 and the
constitutionality of Article 83, Section (3) and the proviso of Article 83,
Section (4) of the Telecommunications Business Act. However,
Complainants are those whose communications data have been provided
to investigative agencies such as prosecutors or *** Agency. Thus, the
subject matter of review is limited to the part of Article 83, Section (3)
of the Telecommunications Business Act relevant to Complainants. Since
Complainants made no independent argument against the constitutionality
of the proviso of Article 83, Section (4) of the Telecommunications
Business Act, the proviso thereof is excluded from the subject matter of
review. Therefore, the subject matter of review is whether each act of
acquisition of communications data of Complainants listed in Appendix 4
and the part of Article 83, Section (3) of the Telecommunications
Business Act (wholly revised by Act No. 10166 on March 22, 2010)
concerning “a request for provision of communications data from a
prosecutor or the head of an investigative agency to collect information
for investigation” violate the fundamental rights of Complainants.
E. Sub-conclusion
As a consequence, the subject matter of review in this case is whether
each act of acquiring communications data of Complainants listed in
Appendix 3 and Appendix 4 (hereinafter referred to as the “Act of
Acquiring of Communications Data”) and the part of Article 83, Section
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