(4) Notwithstanding paragraphs (1) through (3), when any of the following grounds exists, the notice may
be deferred until such ground ceases to exist:
1. When the notice of the communication-restricting measures is likely to seriously endanger national
security and disrupt the public safety and order;
2. When the notice of the communication-restricting measures is likely to cause grave danger to lives
and physical health of people.
(5) Any prosecutor or judicial police officer shall, when he or she intends to suspend the notice in
accordance with paragraph (4), obtain approval therefor from the head of the District Prosecutor's Office
in advance by filing an application therefor, accompanied by the materials establishing a prima facie case,
with the District Prosecutor's Office: Provided, where any military prosecutor or any military judicial
police officer intends to suspend the notice in accordance with paragraph (4), he or she shall obtain
approval therefor from a senior prosecutor of the competent Prosecutor's Office in advance by filing an
application therefor, accompanied by materials establishing a prima facie case, with such Prosecutor's
Office. <Amended on Jan. 6, 2016; Jan. 5, 2021>
(6) Any prosecutor, judicial police officer, or the head of any intelligence and investigative agency shall,
when the grounds referred to in the subparagraphs of paragraph (4) cease to exist, serve the notice referred
to in paragraphs (1) through (3), within 30 days from the date such grounds cease to exist.
Article 9-3 (Notice of Execution of Confiscation, Search, and Investigations)
(1) Where a prosecutor has executed confiscation, search, or investigation into telecommunications the
transmission and reception of which have been completed, when he or she has prosecuted such case or
imposed a disposition (excluding a decision of stay of indictment and of stay of indictment due to absent
witness) not to prosecute a case or book a person involved in such case, he or she shall notify, in writing, a
subscriber who has become the target of the investigation, of the fact that confiscation, search or
investigation has been executed within 30 days from imposition of such disposition: Provided, That even
where an Investigation Office's prosecutor is notified by a prosecutor who handles the case after receiving
relevant documents and evidentiary materials sent to a prosecutor of the Seoul Central District
Prosecutors' Office of a disposition to or not to institute a public prosecution (excluding a decision of stay
of indictment and of stay of indictment due to absent witness) under Article 26 (1) of the Act on the
Establishment and Operation of the Corruption Investigation Office for High-Ranking Officials, the
Investigation Office's prosecutor shall issue a written notice within 30 days from receipt of such
notification. <Amended on Jan. 5, 2021>
(2) Where a judicial police officer has executed confiscation, search, or investigation of
telecommunications the transmission and reception of which have been completed, when he or she
receives a notice of disposition to or not to institute a public prosecution in connection with a case
(excluding a decision of stay of indictment or of stay of indictment due to absent witness); or where he or
she imposes a disposition not to transfer a case to prosecutors (excluding a decision to suspend