"The Presidential Candidate's Wife is a Public Figure"... Political Views Likely to be Broadcast in 'Kim Geon-hee Call' (Comprehensive Report 2)

Yoon Seok-yeol, the presidential candidate of the People Power Party, and his wife Kim Geon-hee, CEO of Kobana Contents, are making a public apology regarding allegations of false credentials on the 26th of last month at the party headquarters in Yeouido, Seoul. Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Jeong Dong-hoon] It appears that a portion of the recorded phone conversations in which Kim Geon-hee, spouse of People Power Party's presidential candidate Yoon Seok-yeol, expressed her political views will be broadcasted.

◆ Disclosure of investigation-related conversations violates the right to remain silent = On the 14th, the Civil Division 21 of the Seoul Western District Court (Chief Judge Park Byung-tae) partially granted an injunction request filed by Kim against MBC, which is reportedly planning to release the 7-hour recorded phone conversations between Kim and a reporter. The court ruled that statements related to ongoing investigations and private conversations unrelated to political views should not be broadcasted.

The court stated, "Since the creditor (Kim) appears to have made statements concerning an ongoing investigation related to her, there is a significant risk that her right to remain silent, guaranteed under criminal procedure, could be infringed upon if she is subject to investigation or inquiry in the future."

According to the People Power Party, Kim had 10 to 15 phone calls with A, who was in charge of filming for the YouTube channel 'Seoul's Voice,' between July and early December last year. MBC received the recordings from A and is preparing to broadcast them on the investigative program 'Straight' at 8:20 PM on the 16th. According to OhmyNews, which reported that the 7-hour audio file will soon be released, the recordings include criticisms of the Moon Jae-in administration, the prosecution's investigation of former Minister of Justice Cho Kuk, and witness non-appearances at the National Assembly audit involving Jeong Dae-taek.

◆ The spouse of a presidential candidate is a public figure = The court recognized Kim as a 'public figure' as the spouse of Yoon Seok-yeol, who registered as a presidential pre-candidate, and viewed MBC's report as contributing to the 'public interest' that can serve as a basis for voters' judgment. Furthermore, the court held that the parts where Kim expressed political views cannot be considered private, making it difficult to justify the necessity of the injunction requested by Kim's side. The court also stated, "Views on social issues and political opinions are matters of public interest and contribute to public opinion formation and open debate on social issues. Therefore, they cannot simply be regarded as private."

Additionally, the court found that the process of obtaining the recordings was not illegal. Kim's side argued that "the recording was illegally made by reporter A, who opposes Yoon Seok-yeol, deliberately approaching Kim, who was mentally vulnerable due to various negative media reports, to record private conversations." However, the court ruled, "The Protection of Communications Secrets Act prohibits recording or listening to 'conversations between others that are not publicly disclosed,' but since the recording was made of a conversation between reporter A and Kim, it does not fall under 'conversations between others that are not publicly disclosed.'"

◆ Recording between conversation parties is not illegal = Here, 'conversations between others that are not publicly disclosed' refers to cases where a third party D records a conversation between parties B and C without the consent of both parties, or with consent from only one party. Recording by one party in the conversation, even if done without the other party's knowledge, does not violate Article 3, Paragraph 1 of the Protection of Communications Secrets Act and can be used as evidence in civil and criminal cases. Based on this, the court found that reporter A's recording of the conversation with Kim Geon-hee, a party to the call, was not illegal.

The court further stated, "There is no evidence to suggest that MBC used any illegal methods to obtain the recordings," and "It was also considered that public forensic investigation agencies confirmed that the recordings were not manipulated or edited."

Kim Ki-hyun, floor leader of the People Power Party, and the party's floor leadership, who visited MBC to protest, are speaking in front of MBC in Sangam-dong, Seoul on the 14th. On this day, MBC announced that it would report on the '7-hour phone call recording' involving Kim Gun-hee, wife of Yoon Seok-yeol, the People Power Party's presidential candidate. Photo by National Assembly Press Photographers Group

Although the injunction decision has been made, the legal battle surrounding the 'Kim Geon-hee 7-hour call' is expected to continue for some time. Kim's legal representative mentioned during the hearing that if MBC proceeds with the broadcast, they plan to file claims for damages and criminal complaints against MBC, arguing that Kim's honor and personal rights cannot be restored.

Separately from this injunction request, the People Power Party has also filed injunctions with the Seoul Central District Court to prohibit the release of the recordings by Lee, the other party in the calls, the YouTube channel 'Seoul's Voice,' and the pro-government YouTube channel 'Open Sympathy TV.' Furthermore, after filing a criminal complaint against Lee, they are reportedly considering civil claims for damages as well.