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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