however, it is not included in the subject matter of review.
4. On that account, the subject matter of review is whether each act of
acquisition of communication data of Complainants listed in Appendix 3
and the part of Article 83, Section (3) of the Telecommunications
Business Act (wholly revised by Act No. 10166 on Mar. 22, 2010)
relating to “a request for provision of 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”
infringe on the fundamental rights of Complainants.
B. 2022Hun-Ma105
Complainant is challenging the constitutionality of the whole of Article
83, Section (3) of the Telecommunications Business Act, but as he is a
person whose communications data were provided to a prosecutor, the
subject matter of review is limited to the part relating to Complainant.
Therefore, the subject matter of review is whether 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 to collect information for
investigation” violates the fundamental rights of Complainant.
C. 2022Hun-Ma110
Complainant is challenging the constitutionality of the whole of Article
83, Section (3) of the Telecommunications Business Act, but as his
communications data were furnished to prosecutors and police, the
subject matter of review is limited to the part relating to Complainant.
Therefore, the subject matter of review is whether the part of Article 83,
Section (3) of the Telecommunications Business Act (wholly revised by
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