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TITLE | Supreme Court Decision 2016Do8137 Decided October 13, 2016¡¼Violation of the National Security Act (Creation of Enemy Assisting Organization, etc.; Infiltration and Escape; Praise, Incitement, etc.)¡½ [full Text] |
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Summary | |
[1] Meaning of ¡°wiretapping of telecommunications,¡± one of the communication-restricting measures prescribed under the Protection of Communications Secrets Act, and whether acts such as accessing the remaining telecommunications records or contents whereby reception was completed falls under the meaning thereof (negative) [2] Matters of compliance when an investigating agency or a communications agency entrusted by an investigating agency, etc. executes measures to restrict communication, and method of execution if the type of restrictive measure permitted involve the ¡°wiretapping of telecommunications¡± Whether telecommunications contents, etc. that an entrusted communications agency, etc. obtained without complying with the details indicated on the written form for authorizing communication-restricting measures can be deemed inadmissible on the ground that it constitutes illegally obtained evidence (affirmative) |