31. Removal of Posts Containing Unlawful Information Case representative body, and the present provisions are not in excessive violation of the freedom of press given the following: 1) the information with a content that commits an activity prohibited by the National Security Act is “in itself an evidently illegal and socially harmful expression,” 2) the present provisions do not impose criminal punishment on those who wrote and circulated the information, but merely orders removal of the information through request for correction, refusal to handle certain information, etc., 3) service providers, etc. are held criminally accountable only when they fail to implement the request for correction by the Korea Communications Standards Commission and the order of the Korea Communications Commission, 4) the present provisions provide for the possibility of appeal and the opportunity of statement, and 5) there is possibility for judicial review for further examination. 3. Separation of Powers Principle The order of the Korea Communications Commission to refuse, suspend or restrict handling of information is an administrative action that can be appealed by means of administrative litigation calling for judicial review, and the action itself is not a court judgment or a judicial action. This, therefore, is not against the principle of separation of powers that vests judicial power in courts. 

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