"Kim Gun-hee is a Public Figure, MBC Report Contributes to Public Interest"… Why the 'Kim Call' Broadcast is Possible

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 on the 26th at the party headquarters in Yeouido, Seoul, regarding allegations of false credentials. 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 Gun-hee, spouse of Yoon Seok-yeol, the People Power Party's presidential candidate, expressed her political views will be broadcast. The court regarded Kim, the presidential candidate's spouse, as a "public figure" and judged that her political opinions could serve as reference material for voters to assess candidates in this election, thereby contributing to the "public interest."

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

The court stated, "It appears that the creditor (Kim) made statements regarding an ongoing investigation related to her, and if the creditor is subject to investigation or inquiry in the future, there is a significant risk that her right to refuse testimony, guaranteed under criminal procedure, could be infringed." It added, "This part includes expressions of dissatisfaction towards media outlets or individuals who published negative articles or statements about her, conveyed in a somewhat strong tone, which cannot be considered political views necessary for voters to exercise their voting rights appropriately."

Although the court partially accepted the injunction request, it allowed the broadcast of other parts of the recordings, excluding those related to investigations, private matters, expressions of dissatisfaction towards media or individuals, and private conversations that MBC had already decided not to air.

According to the People Power Party, Kim had 10 to 15 phone calls between July and early December last year with Mr. A, who was in charge of filming for the YouTube channel "Seoul's Voice." MBC received the recordings from Mr. 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 would soon be released, the recordings include criticism of the Moon Jae-in administration, the prosecution investigation of former Minister of Justice Cho Kuk, and the absence of witness Jeong Dae-taek from the National Assembly audit.

◆The spouse of a presidential candidate is a public figure= The court regarded Kim, as the spouse of Yoon Seok-yeol, a registered preliminary presidential candidate, as a "public figure" and judged that MBC's report could contribute to the "public interest" by providing voters with grounds for judgment. It also ruled that the parts where Kim expressed political views could not be considered private, and found it difficult to justify the necessity of the injunction request filed by Kim's side. Furthermore, the court stated, "Opinions on social issues and political views are matters of public interest and contribute to public opinion formation and open debate on social issues. Therefore, they cannot be simply regarded as private matters."

The court also found that the process of obtaining the recordings was not illegal. Kim's side argued that "the recordings were made illegally by reporter A, who opposes Yoon Seok-yeol, deliberately approaching Kim, who was mentally weakened by various negative media reports and suspicions, 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 recordings were made of conversations between reporter A and Kim, they do not fall under 'conversations between others that are not publicly disclosed.'"

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

◆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 obtaining consent from both parties, or obtains 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 ruled that reporter A's recording of the conversation with Kim Gun-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 also considered that public institutions used forensic investigation firms to verify that the recordings were not manipulated or edited."

Although the injunction decision has been made, legal disputes and controversies surrounding Kim's phone conversations are expected to continue. The content prohibited from broadcast by the court's ruling and the private conversations that the broadcaster decided not to air are spreading online through documents of unknown origin.

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 injunction requests with the Seoul Central District Court to prohibit the release of the recordings against Mr. Lee, Kim's conversation partner, the YouTube channel "Seoul's Voice," and the pro-government YouTube channel "Open Sympathy TV." Additionally, it is reported that they are considering civil damage claims following the criminal complaint filed against Mr. Lee.