Is a person who deletes evidence subject to the evidence destruction crime?

It is confirmed that you have asked whether the other party may be subject to the evidence destruction crime if they intentionally deleted digital data that could be evidence.

First, the evidence destruction crime under the Criminal Act is established when someone destroys, conceals, forges, or alters evidence in another person's criminal case or before indictment.

In other words, if you intentionally delete or hide evidence related to another person's criminal case, the "evidence destruction crime" can be established.

However, as in your situation, if you yourself deleted evidence in a general civil case such as divorce, it is difficult to be punished under the criminal evidence destruction crime.

However, if it is recognized in the divorce litigation process that the other party maliciously deleted or concealed evidence, indirect disadvantages may arise, such as the court evaluating the credibility of the other party's claims as low.

You also asked whether the deleted contents can be recovered.

Through digital forensics, a significant portion of the text messages, photos, and messenger conversations that your husband deleted can be recovered.

Recovery can be done by analyzing data traces remaining in mobile phones, laptops, clouds, etc.

Such recovery materials can also be used as evidence in litigation if collected lawfully and accompanied by a forensic report that can prove integrity.

Therefore, please be sure to proceed with expert assistance.