Illegal Recording by Workplace Supervisor to Find Reporter of 'Workplace Bullying'

A workplace supervisor who illegally recorded office conversations to find the person who reported 'workplace bullying' was sentenced to prison in the appellate trial.

On the 13th, the Gwangju High Court’s Second Criminal Division, presided over by Chief Judge Lee Ui-young, dismissed the appeal of the supervisor A, who was prosecuted for violating the Communication Privacy Protection Act and was sentenced to one year in prison with a one-year suspension of qualifications and a two-year probation in the first trial.

A, who works in Yeosu, Jeollanam-do, was charged with recording conversations of other employees 19 times by hiding a mobile phone in the office between July 14 and 15, 2023.

According to police investigations, A unlawfully recorded employee conversations in the office claiming to be trying to find the person who reported workplace bullying to the Labor Office.

However, during a duty shift, another employee heard the alarm sound of A's hidden mobile phone, leading to the revelation of the recording.

Supervisor Claims No Intent to Record Conversations with Others

A, who was brought to trial, argued that the recording feature was activated accidentally while hiding the mobile phone and that there was no intention to record conversations with others. However, the court rejected A’s claims.

The court stated, "The crime in this case is a serious violation of the privacy and tranquility guaranteed by the Constitution, and the responsibility cannot be considered light," and added, "Although the defendant claims there were existing disputes with the victim, this cannot justify the crime."

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