31. Removal of Posts Containing Unlawful Information Case complainants lodged a suit seeking cancellation of the abovementioned action of the Commission ordering the refusal of handling information in the said posts, and with this case pending, filed a motion requesting a constitutional review of subparagraph 8 of Article 44-7 Section 1 and Section 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. with an ordinary court. However, the motion was denied, and the complainants filed a constitutional complaint in this case with the Constitutional Court. Subject Matter of Review The provision under constitutional review in this case is subparagraph 8 of Article 44-7 Section 1 and Section 3 (hereinafter jointly referred to as the “present provisions”) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (amended by Act No. 9119, Jun. 13, 2008, and hereinafter the “Information Communications Network Act”). Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (amended by Act No. 9119, Jun. 13, 2008) Article 44-7 (Prohibition on Circulation of Unlawful Information) (1) No one may circulate information falling under any of the following subparagraphs through an information and communications network: 8. Information with a content that commits an activity prohibited by the National Security Act (3) The Korea Communications Commission shall order a provider of information and communications services or a manager or an operator of an open message board to reject, suspend, or restrict handling of information under paragraph (1) 7 through 9, if the information falls under all the following subparagraphs: 

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