Recording files obtained secretly on spouse's phone not recognized as adultery evidence
Posted May. 20, 2024 07:51,
Updated May. 20, 2024 07:51
Recording files obtained secretly on spouse's phone not recognized as adultery evidence.
May. 20, 2024 07:51.
by 최미송 cms@donga.com.
The Supreme Court has ruled that recording files obtained through the covert installation of a call recording application on a spouse's cell phone cannot be admitted as evidence of an affair.
According to the legal community on Sunday, the first division of the Supreme Court upheld the original judgment in the lawsuit filed by Kim for alimony and damages against Lee, the ex-husband's affair partner. However, the court did not acknowledge the evidence presented through the call recording file.
Kim married her husband, a doctor, in 2011. However, she later discovered that her husband was engaging in infidelity, having multiple encounters with Lee, whom he met at the hospital. Subsequently, when Kim's husband learned about her own affair, the couple mutually agreed to divorce in 2021. The subsequent year, Kim initiated a lawsuit against Lee, seeking 33 million won in damages.
In the subsequent trial, the recorded phone call between Lee and her ex-husband, submitted as evidence by Kim, became a contentious issue. This was because it was acquired through a so-called "spy app" installed on Kim's cell phone without her ex-husband's knowledge.
The first and second trials accepted the recording file as evidence and decreed that Lee must pay Kim 10 million won in alimony. The rationale behind this decision was that the lack of consent from the other party did not automatically negate the validity of the evidence.
韓國語
The Supreme Court has ruled that recording files obtained through the covert installation of a call recording application on a spouse's cell phone cannot be admitted as evidence of an affair.
According to the legal community on Sunday, the first division of the Supreme Court upheld the original judgment in the lawsuit filed by Kim for alimony and damages against Lee, the ex-husband's affair partner. However, the court did not acknowledge the evidence presented through the call recording file.
Kim married her husband, a doctor, in 2011. However, she later discovered that her husband was engaging in infidelity, having multiple encounters with Lee, whom he met at the hospital. Subsequently, when Kim's husband learned about her own affair, the couple mutually agreed to divorce in 2021. The subsequent year, Kim initiated a lawsuit against Lee, seeking 33 million won in damages.
In the subsequent trial, the recorded phone call between Lee and her ex-husband, submitted as evidence by Kim, became a contentious issue. This was because it was acquired through a so-called "spy app" installed on Kim's cell phone without her ex-husband's knowledge.
The first and second trials accepted the recording file as evidence and decreed that Lee must pay Kim 10 million won in alimony. The rationale behind this decision was that the lack of consent from the other party did not automatically negate the validity of the evidence.
최미송 cms@donga.com
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