Yes, one-party consent recording is legal in South Korea under the Protection of Communications Secrets Act (통신비밀보호법), provided the recorder is a party to the conversation. The law permits interception if at least one participant consents, aligning with Article 14 of the Constitution and Supreme Court precedents. However, unauthorized third-party recording remains prohibited, and the Personal Information Protection Act (개인정보보호법) imposes additional safeguards for sensitive data.
Key Regulations for One-Party Consent Recording in South Korea
- Protection of Communications Secrets Act (2024 Amendment): Explicitly permits recording if the recorder is a conversation participant, but criminalizes disclosure or use of such recordings without consent (Article 13). Violations may result in up to 5 years imprisonment or fines up to ₩30 million.
- Personal Information Protection Act (PIPA): Mandates strict handling of recorded conversations containing personal data, requiring encryption and secure storage. Non-compliance risks administrative penalties under the Personal Information Protection Commission (PIPC).
- Supreme Court Rulings (2023-2025): Clarified that one-party consent applies only to live conversations, not pre-recorded or edited materials. Courts have upheld admissibility in civil disputes but excluded illegally obtained evidence in criminal cases.
Enforcement Note: The Korea Communications Commission (KCC) and PIPC actively monitor compliance, particularly for corporate use of call recordings. A 2026 regulatory update may expand disclosure requirements for businesses retaining recorded communications.