Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

If I record a conversation with the defendant and submit it as evidence, would the recorded evidence have no effect?

Legal IntellectualViews41,830

After recording the content of a conversation with the defendant, I intend to submit that file as recorded evidence. In this case, I am curious whether the recorded evidence has legal effect. I would like to know whether a conversation recorded without the other party's consent can pose a legal problem and whether it can be admitted as evidence in court.

recording file

illegal recording

unlawful recording

A

Answer to Related Inquiry

Whether recording a conversation with another party constitutes unlawful recording depends on the circumstances of the recording.


In general, whether a recording is unlawful is related to whether the parties consented.


Unlawful recording is a recording made without another person's consent, and the legal requirements may vary depending on the situation.


It is regarded as unlawful for a third party who is not a party to the conversation to record another person's conversation without authorization.


However, if only one of the parties consents, recording the conversation is lawful.


That is, if you are a party to the conversation, recording without the other party's consent does not pose a legal problem.


In a conversation with the defendant, if you are a party who took part in the conversation, recording without the defendant's consent does not legally constitute unlawful recording. In this case, the recorded content can be used as evidence in court.


Whether recorded evidence is admitted in court depends on whether the recording was made unlawfully.


To summarize, if you are a party to the conversation, recording it without the other party's consent does not legally constitute unlawful recording, and it can be submitted as evidence in court.


However, if a third party makes a recording without another person's consent, it may constitute unlawful recording, and in this case there is a strong possibility that it cannot be used as evidence in court.


If you need an assessment of recorded evidence, please seek assistance from an evidence collection center.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Quick Menu

Chat