When you may need advice
- I suspected my spouse of having an affair, hid a recorder in the car, and was sued
- I left the meeting room with my phone still recording
- I put a recorder in my child's bag and recorded what was said in the classroom
- I played a recording of my call with my boss to coworkers. Could that be a problem?
- I think someone secretly recorded my conversation and spread it
Relevant laws
Communications Privacy Protection Act (통신비밀보호법) Articles 3(1) and 14(1)
No one may intercept telecommunications or record or listen in on a private conversation between others except as provided by law, nor listen in using electronic devices or mechanical means.
Communications Privacy Protection Act Article 16(1) (Penalties)
A person who, in violation of Article 3, intercepts communications or records or listens in on a private conversation between others, or who discloses or leaks what they learned in that way, is punishable by 1 to 10 years in prison and suspension of qualifications for up to 5 years.
Communications Privacy Protection Act Articles 4 and 14(2)
Content obtained through illegal interception, or an illegal recording of a private conversation between others, cannot be used as evidence in a trial or disciplinary proceeding.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
The test is whether you were part of the conversation
What the Communications Privacy Protection Act prohibits is recording a conversation between other people. The Supreme Court has held that when three people are talking and one of them records it, that is not recording a conversation between others (Supreme Court Decision 2006도4981, October 12, 2006).
So recording a phone call you are on, or a meeting you take part in, does not violate this law. On the other hand, if the recording continued after you left, the part after that becomes a conversation between others.
This crime has no fine option
Illegal recording and wiretapping carry 1 to 10 years in prison together with suspension of qualifications for up to 5 years, and there is no fine. If you are indicted, the argument is over a suspended sentence (집행유예) or suspended sentencing (선고유예) within the range of prison sentences.
The fact that you only recorded without listening, or deleted it right away, may be taken into account, but it does not erase the crime. Playing the recording to others or spreading it can be punished separately as disclosure or leaking.
Illegal recordings are also hard to use as evidence
Even if you recorded to expose an affair or abuse, a secret recording of a conversation between others cannot be used as evidence in a trial or disciplinary proceeding. Trying to get evidence can end with you becoming the suspect instead.
If you need evidence, first consider lawful methods, such as recording a conversation you take part in yourself, or a court-ordered fact inquiry during a lawsuit.
Factors that affect the outcome and sentence
Factors that work against you
- · Hiding a device and recording over a long period
- · Spreading the recorded content to several people
- · Using the recording for threats or to demand settlement money
- · Buying a recording app or device in advance and installing it as planned
Factors that work in your favor
- · You took part in only part of the conversation, or it is unclear whether you were a party
- · You did not disclose the recording and deleted it right away
- · You recorded in an urgent situation such as domestic violence
- · You settled with the victim and received a statement that they do not want you punished
How our Criminal Law Center handles your case
- 1
Check how the recording was made
Using the files, we check when the recording started and stopped and whether you were in the conversation during that time.
- 2
Take part in digital forensics
If your phone or recorder is seized, we apply to take part in the forensic examination so that unrelated files are not handled along with it.
- 3
Attend questioning
We attend questioning about why you recorded and whether you disclosed it, and help you separate the parts where you were a party from those where you were not.
- 4
Legal opinion and sentencing materials
Because there is no fine option, we submit a written opinion with materials on the circumstances, compensation for the harm and your remorse.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
Can I record a phone call without the other person knowing?
If you are a party to the call, recording it without the other person knowing does not violate the Communications Privacy Protection Act. However, spreading the recording to several people can raise other issues, such as defamation, depending on the content.
The home camera I installed also recorded sound.
If the recording function captured conversations between people other than your family, it can be an issue of recording conversations between others. The decision depends on why you installed it, how the recording function came to be on and who was recorded, so get advice before deleting any files.
Can I submit a secretly recorded file in my divorce case?
If it is a recording of a conversation you took part in, you can submit it as evidence. If it is a secret recording of a conversation between others, the law prohibits its use as evidence at trial, and submitting it can itself turn into a criminal matter.