Legal Intellectual
Daeryun specialist lawyers will answer your questions.
Q
Can the contents of a phone call recorded without permission be used as recording evidence?
Views7,853
I lent money to a friend, but I did not write a loan certificate. He kept saying he would repay it and put it off, and now he is denying that he ever borrowed the money. So recently, during a phone call, I deliberately got him to bring up the topic of borrowing the money and recorded it. I am curious about whether such a recording is illegal, and whether it can be used as recording evidence in a trial.
recording as evidence
Answer to Related Inquiry
Author: 정찬우
To state the conclusion first, it is not illegal for one of the parties to a call to record the conversation with the other party.
Article 3(1) of the Protection of Communications Secrets Act prohibits wiretapping or secretly recording the conversations of others, and a violation of this may result in criminal punishment.
However, recording done directly by a party themselves does not fall under this.
The Supreme Court has also ruled that "it is not illegal for one party to a telephone call to record the contents of the call with the other party."
Therefore, as in your case, recording after inducing the other party to state the fact of the debt while you yourself were on the call is not illegal, and that recording can be recognized as recording evidence in a civil suit as well.
However, because it can become a separate problem if it infringes the other party's personal rights or if the recorded contents are disclosed, it is best not to circulate that recording evidence outside the court and to use it only for the trial.
In addition, the recorded contents must be composed so as to be directly related to the legal issues, and to reduce the room for an unfavorable interpretation in court, the advice of an expert is essential.
Please note that it is advantageous to prepare recording evidence for use in actual litigation strategically, together with an attorney, from the collection stage.
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
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


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View more
GeunSu KIM
T. 070-5221-2805
Experience as chief prosecutor of Seoul Eastern Branch and chief prosecutor of Busan District Prosecutors' Office
Key Case Studies
View more- Winning the case (favorable judgment)
Daeryun Daejeon Attorney for a Lawsuit Against the Adulterous Partner (Female) Successfully Secures Evidence to Prove the Infidelity

- Ruling
Daeryun, Which Assisted in Collecting Evidence of an Affair and Obtained Substantial Damages

- Winning the case (favorable judgment)
Daeryun's Cheongju Attorney Preserved Evidence Through a Favorable Ruling
![[Cheongju Attorney for a Lawsuit Against the Adulterous Partner] Daeryun's Cheongju Attorney Preserved Evidence Through a Favorable Ruling link](/_next/image?url=%2Fimages%2Fseo_v2%2Fcircle_arrow.webp&w=48&q=75)
Related Practice Areas
View moreConsult in other languages
Popular Columns
View moreLegal Effect of Call Recording Evidence, How to Submit It, and the Need for Expert Assistance

Application for Preservation of Evidence: Meaning, Requirements for Granting, and an Overview of the Procedure

CCTV Evidence: Methods of Securing It, Areas of Use, and Frequently Asked Questions

Requirements and Sentencing Standards for the Crime of Destroying Evidence

Elements of the Crime of Fabricating Evidence, the Standards for Punishment, and How to Respond

Do you have more questions?













