「ENFORCEMENT DECREE OF THE PROTECTION OF COMMUNICATIONS SECRETS ACT」
parties to be subjected to measures restricting communications pursuant to Article 9 (1) of
the Act, the crime scene or the place of domicile or the seat of a person who is an
accomplice to parties to communications:
1. A post office, the head of which is a public official of Grade V or higher;
2. A telecommunications service provider under the Telecommunications Business Act.
(2) Where a prosecutor, judicial police officer or the head of an intelligence and
investigative agency (including a public official delegated by him/her) intends to entrust
the implementation of measures restricting communications to an agency under any of the
following subparagraphs of paragraph (1) (hereinafter referred to as "communications
agency, etc."), he/she shall issue a copy of the cover of a permit for measures restricting
communications or a permit for emergency wiretapping, etc. (referring to a permit for
emergency censorship or permit for emergency wiretapping; hereinafter the same shall
apply) along with a request for entrustment issued by the head of an agency to which
he/she belongs and present an identification indicating his/her authority to a
communications agency, etc.
(3) In addition to paragraphs (1) and (2), the Minister of Science and ICT or the head of a
telecommunications service provider shall determine matters necessary for entrustment,
such as the scope of entrusted affairs, etc. in consultation with the head of an agency who
has entrusted the implementation of measures restricting communications. <Amended by
Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
Article 14 (Measures for Smooth Communication of Mail and Telecommunications) (1) Where
cooperation in the implementation of measures restricting communications pursuant to
Article 12 or the implementation of measures restricting communications entrusted
pursuant to Article 13 (1) causes interference with normal communication of mail and
telecommunications, the head of a communication agency, etc. may request a prosecutor,
judicial police officer or the head of an intelligence and investigative agency who has
requested such cooperation or entrusted such measures to correct such intereference. In
such cases, any person requested to correct such intereference shall immediately correct it.
(2) Where any telecommunications service provider (hereinafter referred to as
"telecommunications service provider") under the Telecommunications Business Act judges
that the provision of data for confirmation of the fact of communications pursuant to
Article 13 of the Act causes considerable intereference with his/her business, he/she may
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