Key Points
- Recording or listening in on a private conversation between other people can be punished by imprisonment of one to ten years, and the recording cannot be used as evidence at trial (Articles 3, 14, 16 and 4 of the Protection of Communications Secrets Act).
- The Supreme Court holds that recording a conversation you took part in is not recording a "conversation between other people" (Supreme Court Decision 2006Do4981, decided October 12, 2006).
- Unlocking a spouse's phone to read messages or secretly logging into the spouse's accounts raises issues of violation of secrecy under the Criminal Act or violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (the “Information and Communications Network Act”, 정보통신망법) (Article 316(2) of the Criminal Act; Articles 48 and 49 of the Information and Communications Network Act).
- Collecting another person's location information without consent is punishable by imprisonment of up to three years or a fine of up to KRW 30 million (Articles 15(1) and 40 of the Act on the Protection, Use, etc. of Location Information).
Recording: were you a party to the conversation?
The Protection of Communications Secrets Act allows no one to record a private conversation between other people or to listen in on it with electronic or mechanical devices (Articles 3(1) and 14(1)). Violators face imprisonment of one to ten years and suspension of qualifications for up to five years, and a person who discloses or leaks what was learned in this way is punished by the same penalty (Article 16(1)). Such a recording cannot be evidence in a trial or disciplinary proceeding (Articles 14(2) and 4).
The key question is whether the person who recorded was a participant in the conversation. In a case where one of three people recorded a conversation they all had together, the Supreme Court held that the other two people's statements were not a conversation between other people in relation to the person who recorded (Supreme Court Decision 2006Do4981, decided October 12, 2006). By contrast, in a case where a parent who was not part of the conversation put a recorder in a child's bag and recorded what was said in a classroom, the Court held this was recording a private conversation between other people and denied its admissibility (Supreme Court Decision 2020Do1538, decided January 11, 2024). Hiding a recorder in a spouse's car or home to record calls or conversations between the spouse and the affair partner falls squarely within this prohibition.
Risk level by method of collecting evidence
| Conduct | Legal assessment | Statutory basis |
|---|---|---|
| Recording my own conversation or call with my spouse | Recorded by a party to the conversation, so not a violation of the Protection of Communications Secrets Act | Article 3 of the Protection of Communications Secrets Act; 2006Do4981 |
| Secretly recording a conversation between my spouse and the affair partner | Recording a conversation between other people; subject to criminal punishment and inadmissible as evidence | Articles 3, 4, 14 and 16 of the Protection of Communications Secrets Act |
| Unlocking my spouse's locked phone to check messages | Breaking a security device such as a lock by technical means to learn the content of electronic records is a violation of secrecy | Article 316(2) of the Criminal Act (imprisonment of up to three years, etc.) |
| Secretly logging into my spouse's messenger or email account | Intruding without legitimate access rights and infringing another person's secrets | Articles 48, 49 and 71 of the Information and Communications Network Act (imprisonment of up to five years, etc.) |
| Secretly installing a location-tracking app or device | Collecting personal location information without consent | Articles 15 and 40 of the Act on the Protection and Use of Location Information (the “Location Information Act”, 위치정보법) (imprisonment of up to three years, etc.) |
| Sneaking into the affair partner's home or office | Trespass if the manner of entry disturbs the de facto peace of the residence | Article 319 of the Criminal Act (imprisonment of up to three years, etc.) |
Whether it is trespass is not determined only by whether the resident would have wanted it, but by whether the outwardly apparent manner of entry at the time disturbed the de facto peaceful state of the residence (Supreme Court en banc Decision 2017Do18272, decided March 24, 2022). If you open a lock or sneak in, the risk of punishment is high. Even if you did not do it yourself but had someone else do it, you may also be held responsible.
Materials you can obtain without problems
- Things you received directly or took part in · Messages your spouse sent you, texts or written statements admitting the affair, and recordings of occasions where you were a party to the conversation.
- Things open to everyone · SNS posts and photos published publicly. When capturing them, also keep the date and time of saving and the post's URL.
- Records of daily life · Usage history of a jointly held card, household account books, notes of the times your spouse came home, diaries, and statements of people around you.
- Things showing harm · Medical certificates, records of counseling or treatment, and records of 112 emergency calls and photos if there was violence.
- Things obtained through court procedures · After the lawsuit starts, financial transaction records, telecom carrier data, lodging records and the like can be obtained through fact inquiries or document production orders, and property is identified through property disclosure and property inquiry (Articles 48-2 and 48-3 of the Family Litigation Act).
What to check before submitting to the court
Keep original files untouched, and if editing is needed, make a separate copy. Keep recording files complete from beginning to end rather than cutting out only parts, to reduce disputes over whether they were manipulated. If you are claiming damages from the affair partner, you must also have materials showing that the person knew of the marriage (guide to affair lawsuits). Conversely, if you have been sued on the basis of unlawfully collected evidence, the defense begins by challenging the admissibility of that evidence and how it was collected (defending an affair lawsuit).
Frequently Asked Questions
Will I be punished for recording a phone call with my spouse without the spouse knowing?
My spouse's messenger conversation was open on our shared home computer and I read it. Is that a problem?
Can I attach a GPS tracker to my spouse's car?
Can an illegal recording never be submitted as evidence in a divorce trial?
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Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
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