A Public Official Who Recorded 'Private Conversations' Out of Dissatisfaction with a Superior Receives Suspended Prison Sentence

An official who recorded private conversations with a superior who criticized their work was sentenced to imprisonment. The Supreme Court Division 2 (Presiding Justice Min Yu-sook) confirmed on the 27th the original sentence of 6 months imprisonment with a 1-year probation and a 1-year disqualification for Mr. A, who was indicted for violating the Protection of Communications Secrets Act.

Mr. A was charged with recording private conversations between a department superior and visitors in the office using a mobile phone over a period of six months starting from January 2020. The Protection of Communications Secrets Act prohibits unauthorized recording of private conversations between others in which the recorder is not a participant.

In court, Mr. A argued, "I only recorded conversations audible to my desk in the office during working hours, so it was not an 'unpublished conversation'." He also claimed that the recording should be considered a justifiable act as it was made to report suspicions of the superior violating the Improper Solicitation and Graft Act.

The first and second trials rejected Mr. A's claims and sentenced him to 6 months imprisonment with a 1-year probation and a 1-year disqualification. Both trials judged that Mr. A recorded the conversations out of dissatisfaction and resentment toward the superior, and did not recognize any public interest purpose. The Supreme Court also upheld the lower courts' decisions as correct.

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