Adulterous Couples' Personal SNS Spreads... Boldly During Private Investigator Promotion Process

Posting Photos and Videos on Private Investigator-Related SNS Accounts
Concerns Over Privacy Invasion as Acquaintances Can Recognize Subjects

On social media platforms such as Instagram, photos and videos of male and female couples secretly taken at restaurants or beaches are being openly posted with hashtags like #adultery #affair #lover #evidencecollection #secrecy, sparking controversy.

Most of these posts are uploaded by private investigation agencies or errand centers after completing commissioned tasks as a form of promotion, but there are concerns about potential violations such as portrait rights and privacy infringement.

Photos and video posts uploaded on the Instagram Heungsinso account [Photo source=Instagram]

According to Yonhap News on the 16th, an Instagram account of a private investigation agency with nearly 20,000 followers has dozens of videos titled "Adultery Mecca Golf Course," "Cherry Blossom Viewing Chase," and "Adultery Vehicle Heading to Motel."

The videos show male and female couples holding hands while walking through markets or supermarkets, dining at restaurants, and enjoying festivals.

Although the faces of the individuals are obscured by subtitles and other means, their clothing, bags, and surrounding scenery such as restaurant signs are fully exposed, allowing acquaintances to easily identify them. This raises issues of potential violations of the Personal Information Protection Act and portrait rights.

Above all, the very work of these private investigation agencies, which involves following someone to capture photos or videos as evidence of adultery or affairs involving a client's spouse or lover, exists on the borderline between legality and illegality.

In particular, since there are no regulations regarding the scope or authority of detectives, private investigation agencies lack the authority to request or review materials necessary for fact-finding, resulting in many limitations in their work. Because of this, some agencies sometimes resort to excessive means and methods to conduct investigations, causing problems.

Repeated Failures to Legislate Detective Work Specifically... "Legalization Needed to Prevent Harm"

Currently, posts uploaded to the SNS channel named "Heungsinso" are receiving comments criticizing the person in the video. Heungsinso is a private agency that secretly investigates and informs clients about individuals' misconduct upon request.
[Photo by Yonhap News TV]

With the enforcement of the revised Credit Information Act in August 2020, it became possible to engage in so-called "detective work" to find out the whereabouts or contact information of specific individuals even if one is not a credit information company, but there is no competent authority, leaving it in a blind spot for management and supervision.

Currently, posts uploaded on SNS channels named "private investigation agencies" receive comments criticizing the people in the videos. Private investigation agencies are private organizations that secretly investigate and report on individuals' misconduct at the request of clients.

They recruit customers by promising to provide evidence of adultery or affairs involving clients' spouses or lovers. However, there are concerns that the facts are not confirmed and that there are potential legal violations such as portrait rights and privacy infringement.

Most importantly, evidence collection through private investigation agencies carries a high risk of illegality. In 2016, the Seoul Central District Court ruled in a lawsuit against the president of a badminton club who took photos of members for use as evidence, stating, "Unlawful infringement of portrait rights and the secrecy and freedom of private life constitutes an illegal act. This is not justified merely because it was done in a public place or for the purpose of collecting evidence for a civil lawsuit," and imposed liability for damages.

In the case of Lee Seok-jun (27), who, after being investigated by the police on suspicion of sexually assaulting a woman he once dated, harbored resentment and obtained the victim's home address through a private investigation agency and then murdered the victim's family in December 2021, the private investigation agency operator Yoon (39), who provided the address, was sentenced to one year in prison for violating the Personal Information Protection Act and other charges.

To prevent damage caused by the lack of management and supervision, there have been continuous calls to specifically legislate detective work. It is argued that a competent authority should be established to operate licensing or qualification systems and crack down on illegal activities.

Legislative attempts to incorporate detective work into the formal system have been ongoing since the 17th National Assembly, but have repeatedly failed due to disagreements between the National Police Agency and the Ministry of Justice regarding the selection of the competent authority.