In 2020, when an amendment to the ‘Act on Special Cases Concerning the Punishment of
Sexual Crimes’706) was proposed to prevent secret recordings of sexual intercourse, it was
pointed out that if the voice of sexual intercourse is recorded with a mobile phone or small
recorder without the consent of the other party, the recorded voice file is the same as an
illegal video. On the other hand, the court had recognized that a reporter violated the right to
voice by recording and broadcasting the contents of a call without notice,707) but recording
a call at interviews has become a common practice.708)
On the other hand, the people who oppose the amendment to the Protection of
Communications Secrets Act claim that unfair distribution of recorded files and intimidation
are punishable under the current law, and it is not desirable to impose criminal punishment
for recording daily conversations. Moreover, since recording has been used as a means of
proving social irregularities, such as workplace harassment, fraud, and corruption, there will
be many unfair victims if the amendment is passed.709)
For the socially underprivileged, who are routinely exposed to abuse of power, verbal
violence, intimidation, and sexual harassment, recording of phone calls or conversations is
almost the only means to prove their suffering, and when a person cannot know when such
abuse may occur, it is difficult to respond to social irrationality if the requirements for
illegality are vaguely defined as ‘when it is in the public interest.’ The Constitutional Court
also ruled on the former Framework Act on Telecommunications, which prohibits false
communications for the purpose of harming the public interest, with the gist of “the meaning
of the public interest cannot be objectively determined through the ordinary interpretation by
the law enforcement officers.” In other words, even if there is a proviso clause, there will be
other controversies regarding the public interest.
705) Legal Times, “Preventing violation of right to voice vs Concern for excessive penalty”…‘Controversy over
prohibiting recording without consent, Sep. 13, 2022
706) Submitted by Rep. Kang, Seon-wu, Bill No. 2105476, Nov. 18, 2020
707) Media Today, Should ‘unauthorized recording’ by the media be illegally regulated and banned?, Dec. 23, 2020.
708) Media Today, Reporters are concerned about “reduction of coverage” due to the People’s Power’ Call Recording
Prohibition Act,’ Sep. 8, 2022.
709) Hankyoreh, ‘Recording phone calls without consent’ 10 years of imprisonment?, Aug. 29, 2022
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