Non-Referral for Obstruction of Business and Violations of the Information and Communications Network Act

This case involved a decision not to refer the matter for prosecution and a finding of no suspicion in connection with obstruction of business and violations of the Information and Communications Network Act. The issue concerned the management of online assets and accounts related to the operation of a company, with the central question being whether the conduct constituted obstruction of business or unauthorized intrusion without legitimate access authority. The investigating authorities determined that it would be difficult to establish the alleged obstruction of business or violation of the Information and Communications Network Act and therefore decided not to refer the matter for prosecution.

01
Whether Obstruction of Business Was Established
02
Existence of Legitimate Access Authority
03
Distinguishing Civil Disputes from Criminal Liability

MEGA X organized the allegations in the complaint separately from the actual facts and examined whether the elements of obstruction of business and a violation of the Information and Communications Network Act were established in each instance.

With respect to the obstruction of business allegation, we presented our position focusing on whether the client's conduct could be characterized as obstruction of business, the circumstances and purpose underlying the measures taken at the time, and whether circumstances demonstrating actual obstruction of business could be established.

With respect to the alleged violation of the Information and Communications Network Act, we organized the principal factors that the investigating authorities were required to examine, including the existence and scope of access authority, the circumstances surrounding account management, and the nature of the dispute. We also explained whether the matter constituted an issue of criminal punishment or was more properly characterized as a dispute concerning the parties' respective authority and rights.

No Suspicion