Subject Matter of Review
The subject matter of review in this case is whether Article 44-5,
Section (1), Item 1 of the Act on Promotion of Information and
Communications Network Utilization and Information Protection, Etc.
(amended by Act No. 9119 on June 13, 2008) (hereinafter referred to as
the “Provision at Issue”) infringes a fundamental right of Complainant.
Provision at Issue
Act on Promotion of Information and Communications Network
Utilization and Information Protection, Etc. (amended by Act No. 9119
on June 13, 2008)
Article 44-5 (Identity Verification of Users of Message Boards)
(1) If any of the following persons intends to install and operate a
message board, he or she shall take necessary measures, as
prescribed by Presidential Decree (hereinafter referred to as
“Identity Verification Measures”), including preparation of methods
and procedures for verifying the identity of users of the message
board:
1. A State agency, local government, public enterprise, or quasigovernment agency under Article 5 (3) of the Act on the Management
of Public Institutions, or a local government-invested public
corporation or a local government public corporation under the
Local Public Enterprises Act (hereinafter individually referred to
as a “Public Institution” or collectively as “Public Institutions”);
Summary of the Decision
1. Fundamental rights restricted
The Provision at Issue requires a user of a message board to provide
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