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[앵커]
To confirm the adultery of a spouse, A, who secretly installed a so-called ‘spy app’ to record phone calls on her husband’s phone, the evidence obtained through the secretly recorded files is deemed inadmissible, according to a ruling by the Supreme Court.
The Supreme Court firmly stated that recording without the consent of the parties involved constitutes illegal wiretapping.
Reporter Lee Yerin has the story.
[Report]
A, who installed a ‘spy app’ to secretly record phone calls on her husband’s phone to provide evidence of his adultery, cannot use the recorded files as evidence in a lawsuit, as ruled by the Supreme Court.
The Supreme Court confirmed the original judgment of partially ruling in favor of A in a lawsuit for alimony and damages against the man her husband had an affair with, awarding ten million won as alimony.
A learned of her husband’s affair in 2019 and agreed to divorce in 2021. After this, she filed a lawsuit against the man her husband had an affair with, claiming alimony and submitted the phone call recordings she had secretly obtained using the ‘spy app’ installed on her husband’s phone.
The first and second trials ruled that “the procedure for a divorce lawsuit is different from a criminal trial,” and just because evidence was obtained without consent does not necessarily make it inadmissible and ordered B to pay ten million won as alimony.
However, the Supreme Court’s judgment differed.
The Supreme Court stated, “Recording phone conversations without the consent of the caller and receiver constitutes wiretapping, and phone calls recorded through illegal wiretapping are inadmissible as evidence.” Nevertheless, the Supreme Court acknowledged B’s misconduct with other evidence and upheld the original ruling to pay ten million won as alimony.
This is KBS News, Lee Yerin.
Video Editing: Kang Junghui / Graphics: Kim Jihye
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