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Article 272
 

(Investigation of Communication-Related Election Crimes) 


(1) When there exists a considerable reason for admitting that there exists a suspicion of acts violating this Act by utilizing the information
communications networks, the staff of the election commission of each level (excluding the Eup/Myeon/Dong election commission; hereafter in this Article, the same shall apply) may demand the provider of information communications service to allow a perusal of the data on names (including codes to discern the users), residents registration numbers, addresses (including E-mail addresses, recorded data on the Internet log, and data enabling to verify the locations of information communications apparatuses having contacted the information communications networks), using period and using fees of the users of relevant information communications services, or a submission of them, after obtaining an approval of the chief presiding judge of the High Court
having jurisdiction over the location of relevant election commission (referring to the district court in cases of Gu/Si/Gun election commission)
or of the presiding judge equivalent thereto.


<Amended by Act No. 7681, Aug. 4, 2005>


(2) When there exists a considerable reason for admitting that there exists a suspicion of acts violating this Act by utilizing the telephones, the staff of
the election commission of each level may demand the provider of information communications service to allow a perusal of the data on names, resident registration numbers, addresses, using period and using fees, telephone numbers of the callers or receivers, installed places, and number of installed apparatuses, or a submission of them after obtaining an approval of the chief presiding judge of the High Court having jurisdiction over the location of relevant election commission (referring to the district court in cases of Gu/Si/Gun election commission) or of the presiding judge equivalent thereto.


(3) Notwithstanding paragraphs (1) and (2) or any other Act, a person who intends to inspect data specified in any of the following subparagraph or
requests to provide such data does not need to obtain approval pursuant to paragraph (1) or (2):


<Newly Inserted by Act No. 11374, Feb. 29, 2012>


1. The name, resident registration number, address, and other personal information of the person who posted a writing or video clip on a
bulletin board or chatting room of an Internet homepage or who sent an e-mail;
2. The name, registration number, address, and other personal information of the person who sent a text message and the number of messages sent.


(4) A person requested pursuant to any provision of paragraphs (1) through (3) shall comply with the request without delay.


<Amended by Act No. 11374, Feb. 29, 2012>


(5) An employee of an election commission at any level shall not use data submitted by a provider of information and communications services
pursuant to any provision of paragraphs (1) through (3) for any purpose other than purposes of the investigation into a violation of this Act and
shall not disclose such information to any person, except for filing a criminal complaint with the competent investigative authorities or
requesting the competent investigative authorities to investigate a case.


<Amended by Act No. 11374, Feb. 29, 2012>


(6) Matters regarding requests made under paragraphs (1) through (3) and other necessary matters shall be prescribed by Regulations of the National
Election Commission.


<Amended by Act No. 11374, Feb. 29, 2012> 


[This Article Newly Inserted by Act No. 7189, Mar. 12, 2004]