[Opinion] Recording: Between Legality and Illegality

Recorded tapes are often used as important evidence in court. The document that contains the recorded contents is often submitted to the court as evidence in civil cases, criminal cases and household suits.

In cases when the two parties are arguing over the validity of recorded evidence, the judge and the subject of the trial go through a process known as verification: they listen to the tape together and check whether the document corresponds with the document’s content, and if the recorded voices are from to the party concerned. If the recorded content is verified, the written document from the tapes becomes valuable evidence for facts and situations.

Some people may think that secret recording is illegal. If a person who records takes part in the conversation, it is acceptable for that person to record the dialogue without consent from the other party. Recording telephone and face-to-face conversations are legal if he or she participates in the conversation. This is different from bugging. Bugging is recording conversations between two strangers by secretly planting a recording device on a phone, in a car, in a building or by using a remote control system. These bugging acts are subject to punishment under the Communication Security Law.

Recording is often used as evidence in domestic affairs cases. Activities between couples rarely have third-party witnesses. When such suits are filed, defendants tend to ignore facts and attack plaintiffs by falsifying information. Therefore, recording is the best valid method to secure evidence for people who are determined to divorce.

It is useful for reporters to record telephone conversations with interviewees because reporters are responsible for delivering factual information. This is for protecting the rights of reporters if interviewees disavow their statements later. Lawyers sometimes use recordings to protect their clients.

According to Legalist philosopher Han Fei Zu, the motives behind human actions are not affection or justice, but profits. “Never trust people,” Han says. Nowadays this theory applies well to the reality that is Korean politics and law. Liars are rampant, and systems that screen and punish liars are lacking. As a result, secret recording has become an important way of verifying the truth.

This world might seem very regrettable to Mencius, who advocated the ethical doctrine of innate goodness and the importance of the ability of rulers, and emphasized trusting people deeply and not trying to get unconditional profits.

Kum Ja-bae is a guest editorial writer and an attorney. baena@chol.com