All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. As to the allegation in the grounds of appeal on the Information and Communications Network Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”)

Article 1) Article 1 of the aforementioned Act provides that the purpose of the said Act is to contribute to the improvement of people’s lives and the promotion of public welfare by promoting the utilization of information and communications networks, protecting personal information of persons using information and communications services, and creating an environment in which people can utilize information and communications networks in a sound and safe manner. Article 5 of the same Act provides that the promotion of utilization of information and communications networks and the promotion of public welfare shall be governed by the provisions of this Act, except as otherwise expressly provided in other Acts. In addition, Article 30(2)

(i) a person who uses information and communications services that he provides (hereinafter referred to as “user”).

A) Article 24-2(1) of the former Criminal Procedure Act (amended by Act No. 10864, Jul. 18, 2011; hereinafter “former Criminal Procedure Act”) provides that a telecommunications business operator and a person who received user’s personal information pursuant to Article 24-2(1) may demand perusal or provision of the user’s personal information to a third party. Article 24-2(2) provides that “The current status in which a telecommunications business operator provides a third party with the user’s personal information,” and Article 24-2(4) provides that a telecommunications business operator shall take necessary measures without delay upon the request for perusal or provision of the user’s personal information pursuant to Article 24-2(2).

The telecommunications business operator can make a general rule on search and seizure because it does not have a separate provision on search and seizure of e-mail of the user possessed and stored.