Police Officer Who Secretly Recorded Call with Workplace Supervisor Given Suspension of Sentence

Long Recording to Secure Evidence of Workplace Gapjil

A police officer who secretly recorded his superior's phone conversations and was brought to trial has received a suspended sentence.

According to the legal community on the 15th, the Cheonan Branch of the Daejeon District Court, Criminal Division 1 (Presiding Judge Jeon Kyungho), suspended a sentence of six months in prison and one year of qualification suspension for Mr. A (40), who was indicted without detention for violating the Protection of Communications Secrets Act.

Mr. A, who was working at the Korean National Police University, was brought to trial on charges of recording the phone conversations of staff members and others ten times with his mobile phone in the department office between August and September 2020.

It is known that Mr. A turned on the phone recorder in order to obtain evidence of the department head's "gapjil" (workplace abuse). His actions were revealed during the process of submitting the recordings as evidence while requesting an internal investigation into the department head.

The court stated, "The department office cannot be considered a public place, and the defendant was a third party not participating in the phone calls," adding, "There was at least indirect intent to record conversations between others by leaving the recorder on for an extended period."

The court continued, "There are circumstances to be considered, as the crime was committed in an attempt to defend himself from unfair treatment at work. Some of the parties involved expressed that they did not wish for punishment, and it appears the defendant has served diligently as a police officer. Taking all these factors into account, the sentence was determined."

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